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