Munoz v. Zorba Group Inc. et al

Filing 27

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE. Signed by Magistrate Judge Howard R. Lloyd on 1/21/2014. (hrllc1, COURT STAFF) (Filed on 1/21/2014)

*E-Filed: January 21, 2014*

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

For the Northern District of California

United States District Court

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JOSE VILLALOBOS MUNOZ,

No. C13-01779 HRL

Plaintiff,

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v.

ORDER DISMISSING CASE FOR
FAILURE TO PROSECUTE

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ZORBA GROUP, INC., ET AL.,
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Defendants.
____________________________________/

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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. 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.
The Court then ordered Plaintiff to appear on January 7, 2014, to show cause, if any, why
this case should not be dismissed. The Order was mailed to both Plaintiff and Plaintiff’s former
counsel. Plaintiff was ordered to file a Statement in response to the Order to Show Cause no later
than December 31, 2013. Plaintiff was again warned that failure to appear at the hearing would
serve as further grounds for dismissing the case. Plaintiff did not respond to the Order to Show
Cause and did not appear at the hearing. Accordingly, the case is dismissed for failure to prosecute
pursuant to Rule 41(b).

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IT IS SO ORDERED.
Dated: January 21, 2014

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HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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For the Northern District of California

United States District Court

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C13-01779 HRL Order will be mailed to:

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Thomas Margain
Huy Tran
84 W. Santa Clara St., Ste. 790
San Jose, CA 95113

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Jose Villalobos Munoz
399 Smalley Avenue
Hayward, CA 94541

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Matthew Angell
1700 N. Broadway, Ste. 310
Walnut Creek, CA 94596

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For the Northern District of California

United States District Court

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