Shetty v. America's Wholesale Lender et al

Filing 81

ORDER TO SHOW CAUSE RE: LACK OF PROSECUTION. Shetty must show cause in writing filed by 12/5/2018, as to why this case should not be dismissed for failure to prosecute. Signed by Judge Nathanael Cousins on 11/28/2018. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 11/29/2018) Modified on 11/29/2018 (sfbS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NIKI-ALEXANDER SHETTY,

United States District Court
Northern District of California

Plaintiff,
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v.

Case No.16-cv-05846-NC
ORDER TO SHOW CAUSE RE:
LACK OF PROSECUTION

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AMERICA'S WHOLESALE LENDER, et
al.,
Defendants.

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On October 31, 2018, the Court held a case management conference. See Dkt. No.

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78. The Court ordered plaintiff Niki-Alexander Shetty to file a status update regarding

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service to defendant America’s Wholesale Lender by November 21, 2018. See id. Shetty

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has not done so.

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Shetty has a general duty to prosecute his case with reasonable diligence and to

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comply with court orders. See Fidelity Philadelphia Trust Co. v. Pioche Mines

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Consolidated, Inc., 587 F.2d 27, 29 (9th Cir. 1978); see also Fed. R. Civ. P. 41(b) (“If the

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plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may

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move to dismiss the action.”). His failure to file a status update in accordance with the

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Court’s October 31, 2018, order is grounds for dismissal.

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Accordingly, Shetty must show cause in writing filed by December 5, 2018, as to
why this case should not be dismissed for failure to prosecute.

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IT IS SO ORDERED.

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Dated: November 28, 2018

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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