Heredia v. The Hertz Corporation

Filing 28

ORDER DISMISSING CASE with Prejudice for Failure to Prosecute. The Clerk shall close the file. Signed by Magistrate Judge Virginia K. DeMarchi on 8/7/2018. (vkdlc2S, COURT STAFF) (Filed on 8/7/2018)

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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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ERNESTO MIGUEL HEREDIA,
Plaintiff,

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United States District Court
Northern District of California

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Case No.18-cv-00870-VKD

v.
THE HERTZ CORPORATION,

ORDER DISMISSING CASE WITH
PREJUDICE FOR FAILURE TO
PROSECUTE

Defendant.

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Plaintiff Ernesto Heredia filed the present action on February 9, 2018. Dkt. No. 1. On

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February 22, 2018, the Court granted Mr. Heredia’s application to proceed in forma pauperis.

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Dkt. No. 4. The U.S. Marshals Service served the complaint on defendant The Hertz Corporation

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(“Hertz”), and all parties consented that all proceedings in this matter may be heard and finally

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adjudicated by a magistrate judge. 28 U.S.C. § 636(c); Fed. R. Civ. P. 73; Dkt. Nos. 9, 10, 16.

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On June 22, 2018, the Court granted Hertz’s motion to dismiss the complaint with leave to

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amend. Mr. Heredia was given until July 12, 2018 to file his amended pleading. He did not file

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an amended complaint.

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The Court then ordered Mr. Heredia to show cause why this case should not be dismissed

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for failure to prosecute. Dkt. No. 25. Mr. Heredia was directed to file a written response to the

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order to show cause by August 3, 2018 and to appear for a show cause hearing on August 7, 2018,

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10:00 a.m. Id. at 1. The Court’s order advised Mr. Heredia that if he failed to file a written

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response or to appear for the hearing, this case would be dismissed with prejudice for failure to

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prosecute. Id. at 1-2. Mr. Heredia did not file a written response to the Court’s order. Nor did he

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appear at the August 7, 2018 hearing.

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Accordingly, the Court dismisses this case with prejudice for failure to prosecute. The
Clerk of Court shall close the file.
IT IS SO ORDERED.
Dated: August 7, 2018

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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United States District Court
Northern District of California

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