Theroux Jr. v. Wireless Depot Inc. et al

Filing 7

ORDER Dismissing Case for Failure to Prosecute and Failure to Comply with Order to Show Cause. The Court DISMISSES WITHOUT PREJUDICE this action for failure to prosecute and failure to comply with the Order. The Clerk of the Court SHALL CLOSE the file. Signed by Judge Janis L. Sammartino on 6/7/2021. (tcf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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VERN ROBERT THEROUX JR., an
individual,

ORDER DISMISSING CASE FOR
FAILURE TO PROSECUTE AND
FAILURE TO COMPLY WITH
ORDER TO SHOW CAUSE

Plaintiff,

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Case No.: 19-cv-1914 JLS (MDD)

v.

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WIRELESS DEPOT INC., a California
Corporation; and DOES 1 to 10, inclusive,

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Defendant.

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On May 5, 2021, the Court issued an Order (“Order,” ECF No. 6) ordering Plaintiff

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Vern Robert Theroux Jr. to show cause why this action should not be dismissed for failure

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to prosecute. The Court noted that, although Plaintiff moved for entry of default against

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Defendant Wireless Depot Inc. on September 18, 2020, Plaintiff did not move for default

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judgment within thirty (30) days. Order at 2. The Court ordered Plaintiff to “show cause

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why this case should not be dismissed for failure to prosecute.” Id. (emphasis omitted).

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The Court warned that failure to comply with the Order within thirty (30) days will result

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in dismissal of this action without prejudice. Id. Although more than thirty days have

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elapsed since the electronic docketing of the Order, Plaintiff has failed to comply with the

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Order. Accordingly, the Court DISMISSES WITHOUT PREJUDICE this action for
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19-cv-1914 JLS (MDD)

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failure to prosecute and failure to comply with the Order. The Clerk of the Court SHALL

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CLOSE the file.

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IT IS SO ORDERED.
Dated: June 7, 2021

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19-cv-1914 JLS (MDD)