Pham v. NCB Management Services, Inc

Filing 17

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 JOSEPH PHAM, Case No. C-12-04140 RMW 12 Plaintiff, 13 v. ORDER DISMISSNG CASE 14 15 NCB MANAGEMENT SERVICES, INC., et al., 16 Defendants. 17 18 On August 7, 2012, plaintiff Joseph Pham filed this action alleging credit reporting and 19 20 debt collection violations, but he has failed to prosecute the case. First, Pham failed to appear at 21 the initial case management conference on October 23, 2012. Then he failed to appear at a 22 hearing on November 13, 2012, as ordered by Magistrate Judge Lloyd to show cause why the 23 24 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 25 26 Dkt. No. 7. On November 19, 2012, this court issued an order to show cause why the case should not 27 28 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 sw -1- 1 service of the summons on defendant and a declaration explaining why he had failed to appear. 2 Pham had until December 20, 2012 to respond. He has not. 3 Therefore, as the court stated it would do in its prior order, it orders that the case 4 dismissed without prejudice for failure to prosecute. 5 6 7 Dated: December 21, 2012 Ronald M. Whyte United States District Court Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER DISMISSING CASE CASE NO. C-12-04140-RMW sw -2-

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