Zarate v. Plaza Home Mortgage, Inc. et al

Filing 11

DOCKETED IN ERROR; PLEASE DISREGARD. ORDER DISMISSING CASE. Signed by Judge Beth Labson Freeman on 1/4/2017. (blflc2S, COURT STAFF) (Filed on 1/4/2017) Modified on 1/4/2017 (srnS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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AGUSTIN ZARATE,

Case No. 16-cv-04275-BLF

Plaintiff,
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v.

ORDER DISMISSING CASE

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PLAZA HOME MORTGAGE, INC., et al.,
Defendants.

United States District Court
Northern District of California

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Plaintiff filed this action on July 28, 2016, yet the docket does not indicate that he has

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served any of the Defendants. See No. 16-cv-4275. On December 2, 2016, the Court ordered

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Plaintiff Agustin Zarate to show cause in writing on or before January 3, 2017 why Defendants

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should not be dismissed from this action for failure to prosecute. Order to Show Cause re

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Dismissal & Vacating Case Mgmt. Conf. (“OSC”), ECF 9. The Court explained that failure to

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respond to the OSC in a timely manner would result in dismissal of the case. Id. Plaintiff has not

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responded to the OSC. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. See

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Fed. R. Civ. P. 41(b); Edwards v. Marin Park, Inc., 356 F.3d 1058, 1065 (9th Cir. 2004) (“The

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failure of the plaintiff eventually to respond to the court’s ultimatum . . . is properly met with the

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sanction of a Rule 41(b) dismissal.”).

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IT IS SO ORDERED.

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Dated: January 4, 2017
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BETH LABSON FREEMAN
United States District Judge