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).
1
2
3
UNITED STATES DISTRICT COURT
4
NORTHERN DISTRICT OF CALIFORNIA
5
SAN JOSE DIVISION
6
7
AGUSTIN ZARATE,
Case No. 16-cv-04275-BLF
Plaintiff,
8
v.
ORDER DISMISSING CASE
9
10
PLAZA HOME MORTGAGE, INC., et al.,
Defendants.
United States District Court
Northern District of California
11
12
13
Plaintiff filed this action on July 28, 2016, yet the docket does not indicate that he has
14
served any of the Defendants. See No. 16-cv-4275. On December 2, 2016, the Court ordered
15
Plaintiff Agustin Zarate to show cause in writing on or before January 3, 2017 why Defendants
16
should not be dismissed from this action for failure to prosecute. Order to Show Cause re
17
Dismissal & Vacating Case Mgmt. Conf. (“OSC”), ECF 9. The Court explained that failure to
18
respond to the OSC in a timely manner would result in dismissal of the case. Id. Plaintiff has not
19
responded to the OSC. Accordingly, this action is DISMISSED WITHOUT PREJUDICE. See
20
Fed. R. Civ. P. 41(b); Edwards v. Marin Park, Inc., 356 F.3d 1058, 1065 (9th Cir. 2004) (“The
21
failure of the plaintiff eventually to respond to the court’s ultimatum . . . is properly met with the
22
sanction of a Rule 41(b) dismissal.”).
23
IT IS SO ORDERED.
24
25
26
27
28
Dated: January 4, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?