Ewing v. Charter Communications Holding Company, LLC et al

Filing 19

ORDER DISMISSING ACTION FOR WANT OF PROSECUTION UNDER CIV. L. R. 41.1 Signed by Judge Roger T. Benitez on 10/10/2019.(mme)

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OCT 1 0 2019

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ANTON EWING,

Case No.: 3:17-cv-0222-BEN-WVG
Plaintiff,

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V.

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CHARTER COMMUNICATIONS
HOLDING COMPANY, LLC, et al.,

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ORDER DISMISSING ACTION
FOR WANT OF PROSECUTION
UNDER CIV. L. R. 41.1

Defendants.

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On December 5, 2017, the Court granted Defendant Charter Communications

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Holding Company's motion to compel arbitration and to stay. Doc. 13. On October 8,

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2019, the Court held a Rule 41.1 dismissal hearing. Doc. 18. Dante T. Pride appeared on

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behalf of Plaintiff. James J. Hawk appeared on behalf of Defendants. This written order

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follows.

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Pursuant to Civil Local Rule 41.1, the Court may dismiss an action for want of

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prosecution ifno proceedings or discovery have been taken in that action for more than six

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months. Civ. L.R. 41. l(a). At the hearing, the Court confirmed with the parties that no

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action whatsoever had occurred on this matter for approximately 20 months, including any

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action to initiate arbitration. The Court then dismissed the case for want of prosecution
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1 under Civil Local Rule 41.1. Because the Court dismisses the action without prejudice,
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there is no prejudice to the parties or to the administration of justice.
IT IS SO ORDERED.

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Date: Octob~ 2019

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