Nimtz et al v. San Diego, City of et al

Filing 47

ORDER DISMISSING CASE Without Prejudice. Counsel for Defendants moved the Court to dismiss this action under Rule 41(b) of the Federal Rules of Civil Procedure. Based on Plaintiffs failure to comply with court orders and Plaintiffs inaction in this matter, the Court grants the motion and dismisses the case without prejudice pursuant to Federal Rule 41(b). Signed by Judge Marilyn L. Huff on 2/25/2013.(All non-registered users served via U.S. Mail Service)(sjt)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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GABRIELLE NIMTZ; NAOMI
NIMTZ, a minor by her guardian ad
litem, GABRIELLE NIMTZ;
ADRIANNA NIMTZ, a minor by her
guardian ad litem, GABRIELLE
NIMTZ; and DANIEL JENSEN, a
minor by her guardian ad litem,
GABRIELLE NIMTZ;,
vs.

CASE NO. 3:10-CV-02166-H
(WMc)
ORDER DISMISSING CASE
WITHOUT PREJUDICE
PURSUANT TO FED. R. CIV.
P. 41(b)

Plaintiffs,

CITY OF SAN DIEGO; SAN DIEGO
POLICE DEPARTMENT; SAN
DIEGO POLICE OFFICER VAN
CLEEF; SAN DIEGO POLICE
SERGEANT ANNING; CHIEF OF
POLICE WILLIAM LANSDOWNE;
and DOES 1-20 inclusive,
Defendants.

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On February 25, 2013, the Court held the final pretrial conference for this action.

24 Christina M. Milligan appeared for Defendants. Plaintiff Gabrielle Nimtz (“Plaintiff”)
25 failed to appear, in violation of the Court’s January 24, 2013 order to appear and to
26 comply with all court orders. (Doc. No. 44.) Plaintiff has failed to comply with several
27 other court orders and has failed to take any action in this matter for over six months.
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10cv2166

1 (See Doc. Nos. 38, 41, 43, 44.) The Court notified Plaintiff that failure to comply with
2 court orders or otherwise fail to act could lead to dismissal of her case. (See Doc. Nos.
3 43, 44.) Accordingly, counsel for Defendants moved the Court to dismiss this action
4 under Rule 41(b) of the Federal Rules of Civil Procedure. Based on Plaintiff’s failure
5 to comply with court orders and Plaintiff’s inaction in this matter, the Court grants the
6 motion and dismisses the case without prejudice pursuant to Federal Rule 41(b).
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IT IS SO ORDERED.

8 DATED: February 25, 2013

______________________________

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MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT

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10cv2166