Mory et al v. City of Chula Vista et al

Filing 236

Notice of Hearing on Sua Sponte Dismissal: Absent further contact with the Court by either party, this matter will be dismissed on 5/31/11 at 9:00 AM pursuant to the Court's inherent authority to dismiss an action sua sponte for want of prosecution. Signed by Judge Janis L. Sammartino on 4/22/11.(lmt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DEANNA MICHELLE MORY, et al.,

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CASE NO. 07-CV-462 JLS (WVG)

Plaintiffs,

NOTICE OF HEARING ON SUA
SPONTE DISMISSAL

vs.
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CITY OF CHULA VISTA, et al.,

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Defendants.

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This case is presently set to be tried to a jury beginning on July 11, 2011. (Doc. No. 233.) On

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March 23, 2011, Plaintiff notified the Court that the parties had reached a tentative settlement, and that

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a dismissal with prejudice would be filed once a settlement agreement was finalized and approved by

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the Chula Vista City Council. (Doc. No. 234.)

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A motions in limine hearing was scheduled for April 21, 2011. (Doc. No. 233.) Although

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neither party filed motions in limine, the Court left the hearing on calendar in hopes that the parties

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would appear to update the Court on the status of the tentative settlement. Neither party appeared.

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Accordingly, the Court having been notified of a tentative settlement, the Court set this matter for

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dismissal. Absent further contact with the Court by either party, this matter will be dismissed on May

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31, 2011 at 9:00 a.m. pursuant to the Court’s inherent authority to dismiss an action sua sponte for

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want of prosecution. See Link v. Wabash R.R. Co., 370 U.S. 626, 630–31 (1962); Ash v. Cvektov, 739

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F.2d 493, 496 (9th Cir. 1984).

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IT IS SO ORDERED.

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DATED: April 22, 2011
Honorable Janis L. Sammartino
United States District Judge

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