Che v. Londina, LLC et al

Filing 27

Order of Dismissal for Failure to Prosecute signed by Magistrate Judge Howard R. Lloyd on 2/1/2017. (hrllc3S, COURT STAFF) (Filed on 2/1/2017)

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E-filed 2/1/2017 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 NGOC LAM CHE, Plaintiff, 10 United States District Court Northern District of California 11 12 13 v. Case No.16-cv-04027-HRL ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE Re: Dkt. Nos. 20, 25 LONDINA, LLC, et al., Defendants. 14 Plaintiff Ngoc Lam Che filed this case on July 17, 2016, and the court issued a scheduling 15 order on July 18, 2016. Dkt. Nos. 1, 10. The deadline for the plaintiff to file a Notice of Need for 16 Mediation was December 12, 2016. Dkt. No. 10. After the plaintiff failed to file such a notice, 17 the court issued an order to show cause why the plaintiff’s claims should not be dismissed for 18 failure to prosecute on December 28, 2016. Dkt. No. 20. The show cause order set a deadline for 19 a response of January 17, 2017, and a hearing date of January 24, 2017, and stated, “[i]f plaintiff 20 fails to appear, the case shall be dismissed for failure to prosecute.” Id. Plaintiff failed to file a 21 response to the order to show cause and failed to appear at the show cause hearing. Dkt. No. 25. 22 Having considered the five factors set forth in Malone v. United States Postal Service, 833 23 F.2d 128, 130 (9th Cir. 1987), the court has determined that notwithstanding the public policy 24 favoring the disposition of actions on their merits, the court's need to manage its docket and the 25 public interest in the expeditious resolution of the litigation require dismissal of this action. In 26 view of plaintiff's lack of response to this court's prior order(s), the court finds there is no 27 appropriate less drastic sanction. Accordingly, this action is dismissed without prejudice pursuant 28 to Fed. R. Civ. P. 41(b) for plaintiff's failure to prosecute. 1 2 3 4 IT IS SO ORDERED. Dated: 2/1/2017 ______________________________________ HOWARD R. LLOYD United States Magistrate 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

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