Loumena v. Kennedy et al

Filing 25

ORDER RE: RESPONSE TO ORDER TO SHOW CAUSE. Signed by Judge Hon. Lucy H. Koh on 2/19/2015. (sms, COURT STAFF) (Filed on 2/19/2015)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 JACK LOUMENA, Case No.: 14-CV-04165-LHK United States District Court Northern District of California Plaintiff, 12 v. ORDER RE: RESPONSE TO ORDER TO SHOW CAUSE 13 14 PAMELA KENNEDY, et al., Re: Dkt. No. 21 Defendants. 15 16 17 In response to the Court’s Order to Show Cause Why Case Should Not Be Dismissed For 18 Failure to Prosecute, ECF No. 20, Plaintiff Jack Loumena filed a response indicating that 19 “Plaintiff has diligently and with great effort pursued discovery and has engaged in settlement 20 negotiations with Defendant Walter P Hammon in particular.” ECF No. 21 (Response) at 1. The 21 Response does not explain why Plaintiff failed to timely file a response to the Defendants’ Motion 22 to Dismiss, ECF No. 3. Nonetheless, because Plaintiff has responded to the Order to Show Cause, 23 the Court will not dismiss the case for failure to prosecute and will decide the Motion to Dismiss 24 on the merits. The briefing on the Motion to Dismiss is now closed, and the Court will not 25 consider any further briefing on the Motion to Dismiss. The hearing on the Motion to Dismiss 26 remains set for March 12, 2015 at 1:30 p.m. 27 28 1 Case No.: 14-CV-04165-LHK ORDER RE: RESPONSE TO ORDER TO SHOW CAUSE 1 IT IS SO ORDERED. 2 Dated: February 19, 2015 3 4 ______________________________________ Lucy H. Koh United States District Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 14-CV-04165-LHK ORDER RE: RESPONSE TO ORDER TO SHOW CAUSE

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