Orbeta v. HSBC Services Inc et al

Filing 10

REPORT AND RECOMMENDATIONS to Dismiss the Complaint without Prejudice: This Court RECOMMENDS that the complaint be DISMISSED WITHOUT PREJUDICE for plaintiffs failure to prosecute the action pursuant to Fed.R.Civ.Pro. Rule 41(b). Objections to R&R du e by 10/14/2009. Any reply shall be filed and served no later than 10 days after being served with the objections. Signed by Magistrate Judge Cathy Ann Bencivengo on 9/23/09. (All non-registered users served via U.S. Mail Service). (asw)(asw) (jrl).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

PAULINE ORBETA, Plaintiff,

Civil No.

09cv1110-BEN (CAB)

HSBC SERVICES, INC.; HOUSEKEY FINANCIAL CORPORATION; and DOES 110, Defendants.

REPORT AND RECOMMENDATION TO DISMISS THE COMPLAINT WITHOUT PREJUDICE

On July 24, 2009, this court issued an order setting an Early Neutral Evaluation Conference (ENE) for September 3, 2009, at 2:00 p.m. [Doc. No. 6.] The docket shows that the ENE order was mailed to plaintiff PAULINE ORBETA at 4679 Torrey Circle D109, San Diego, CA 92130.1 The ENE order required the parties to submit ENE statements by August 27, 2009. The Court never received an ENE statement from the plaintiff. On September 3, 2009, at 2:00 p.m., defendants and defendants' counsel appeared at the ENE. Plaintiff failed to appear. On September 3, 2009, this Court issued an Order to Show Cause (OSC) requiring plaintiff PAULINE ORBETA to appear at a hearing on September 23, 2009 at 9:30 a.m. in Courtroom E of the above-entitled court, to show cause as to why sanctions should not be imposed

Plaintiff has not provided the court with a phone number or email address, in violation of Local Rule 5.1(j)(1). Thus, this Court was unable to contact plaintiff except via U.S. mail to the only known address on the docket. 1

09cv1110

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for her failure to attend the court-ordered ENE on September 3, 2009. [Doc. No. 8.]2 The OSC order also required plaintiff PAULINE ORBETA to file a declaration on or before September 17, 2009, informing the Court why she did not attend the ENE on September 3, 2009, and why sanctions should not be imposed for her failure to appear. Plaintiff PAULINE ORBETA failed to file a declaration and failed to appear at the OSC on September 23, 2009. THEREFORE, this Court RECOMMENDS to the District Court that the complaint be DISMISSED WITHOUT PREJUDICE for plaintiff's failure to prosecute the action pursuant to Fed.R.Civ.Pro. Rule 41(b). On or before October 14, 2009, any party may file and serve written objections with the Court and serve a copy on all parties. The document shall be entitled "Objections to Report and Recommendation." Any reply to the objections shall be filed and served no later than ten days after being served with the objections. IT IS SO ORDERED.

DATED: September 23, 2009

CATHY ANN BENCIVENGO United States Magistrate Judge

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The OSC order was again mailed to plaintiff at her only known address. [Doc. No. 8.] 2

09cv1110