Pham v. NCB Management Services, Inc
Filing
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ORDER dismissing case for failure to prosecute. Signed by Judge Whyte on 12/21/2012. (rmwlc2, COURT STAFF) (Filed on 12/21/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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JOSEPH PHAM,
Case No. C-12-04140 RMW
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Plaintiff,
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v.
ORDER DISMISSNG CASE
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NCB MANAGEMENT SERVICES,
INC., et al.,
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Defendants.
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On August 7, 2012, plaintiff Joseph Pham filed this action alleging credit reporting and
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debt collection violations, but he has failed to prosecute the case. First, Pham failed to appear at
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the initial case management conference on October 23, 2012. Then he failed to appear at a
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hearing on November 13, 2012, as ordered by Magistrate Judge Lloyd to show cause why the
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case should not be dismissed for failure to prosecute. After the second failure to appear, Judge
Lloyd issued a report and recommendation that the case be dismissed for failure to prosecute. See
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Dkt. No. 7.
On November 19, 2012, this court issued an order to show cause why the case should not
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be dismissed for failure to prosecute. Dkt. No. 13. The court ordered Pham to file proof of
ORDER DISMISSING CASE
CASE NO. C-12-04140-RMW
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service of the summons on defendant and a declaration explaining why he had failed to appear.
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Pham had until December 20, 2012 to respond. He has not.
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Therefore, as the court stated it would do in its prior order, it orders that the case
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dismissed without prejudice for failure to prosecute.
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Dated: December 21, 2012
Ronald M. Whyte
United States District Court Judge
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ORDER DISMISSING CASE
CASE NO. C-12-04140-RMW
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