Munoz v. Zorba Group Inc. et al

Filing 25

ORDER TO SHOW CAUSE re Dismissal for Failure to Prosecute. Hearing set for 1/7/2014 at 10:00 AM. Show Cause Response due by 12/31/2013. Signed by Magistrate Judge Howard R. Lloyd on 12/10/2013. (hrllc1, COURT STAFF) (Filed on 12/10/2013)

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*E-Filed: December 10, 2013* 1 2 3 4 5 6 NOT FOR CITATION 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION For the Northern District of California United States District Court 10 JOSE VILLALOBOS MUNOZ, Plaintiff, 11 v. 12 ZORBA GROUP, INC., ET AL., 13 14 No. C13-01779 HRL ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE Defendants. ____________________________________/ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On November 5, 2013, this Court held a hearing on plaintiff’s counsel’s motion to withdraw as attorney of record. Counsel alleged that plaintiff missed several scheduled meetings and refused to return his phone calls. Plaintiff did not file an opposition to the motion nor appear at the hearing. The Court granted the motion and ordered plaintiff to appear at a Status Conference on December 10, 2013, at 1:30 p.m. Plaintiff was cautioned that failure to appear at the Status Conference could lead to dismissal for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Nevertheless, plaintiff did not appear. Because of plaintiff’s continued failure to take the necessary steps to prosecute his own case, the Court is prepared to dismiss plaintiff’s case for failure to prosecute. Plaintiff shall appear on January 7, 2014, at 10:00 a.m. in Courtroom 2, Fifth Floor, 280 South First St., San Jose CA 95113 and show cause, if any, why this case should not be dismissed. Plaintiff shall file a Statement in response to this Order to Show Cause no later than December 31, 2013. Plaintiff’s failure to appear at the hearing will serve as further grounds for dismissing the case. IT IS SO ORDERED. 1 Dated: December 10, 2013 2 3 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 C13-01779 HRL Order will be mailed to: 2 Thomas Margain Huy Tran 84 W. Santa Clara St., Ste. 790 San Jose, CA 95113 3 4 5 Jose Villalobos Munoz 399 Smalley Avenue Hayward, CA 94541 6 7 Matthew Angell 1700 N. Broadway, Ste. 310 Walnut Creek, CA 94596 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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