Jungers v. City of San Diego

Filing 36

ORDER Vacating January 23, 2023 Hearing and Dismissing Doe Defendants Without Prejudice. Signed by Judge Thomas J. Whelan on 1/19/23.(All non-registered users served via U.S. Mail Service)(dlg)

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Case 3:21-cv-00829-W-MSB Document 36 Filed 01/19/23 PageID.163 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 JOHN JUNGERS, Plaintiff, 14 15 v. 16 CITY OF SAN DIEGO, et al., 17 Case No.: 21-CV-0829 W (MSB) ORDER (1) VACATING JANUARY 23, 2023 HEARING AND (2) DISMISSING DOE DEFENDANTS WITHOUT PREJUDICE Defendants. 18 19 20 On December 20, 2022, this Court issued an Order to Show Cause (“OSC”) why 21 this case should not be dismissed for failure to serve the Doe Defendants. (See Dec. 20, 22 2022 OSC [Doc. 35] 2:14–15.) The Order set a hearing for January 23, 2023 at 10:00 23 a.m. and, in preparation for the hearing, ordered Plaintiff to file a brief by January 18, 24 2023 explaining why the case should not be dismissed. (Id. 2:14–18.) The order also 25 warned Plaintiff that failure to file the brief by the deadline would result in the hearing 26 being vacated and the Doe Defendants dismissed without prejudice. (Id. 2:18–20.) 27 Plaintiff failed to comply with the order. 28 1 21-CV-0829 W (MSB) Case 3:21-cv-00829-W-MSB Document 36 Filed 01/19/23 PageID.164 Page 2 of 2 1 Plaintiff’s failure to comply with the December 20, 2022 OSC is the second time 2 Plaintiff has failed to comply with an order of this Court. On November 21, 2022, this 3 Court granted Attorney Pena’s unopposed motion to withdraw and ordered Plaintiff to 4 file a notice verifying his mailing address and e-mail address. (Order Granting Mot. to 5 Withdraw [Doc. 33] 4:1–8.) Plaintiff did not comply with that order. 6 It is also important to point out that the December 20, 2022 OSC was the third 7 OSC regarding Plaintiff’s failure to serve the Doe Defendants. (See Jan. 26, 2022 OSC 8 [Doc. 22]; Sept. 29, 2022 OSC [Doc. 29].) Additionally, the basis for Plaintiff’s 9 attorney’s motion to withdraw and the order granting that motion was Plaintiff’s failure 10 to respond to his attorney’s attempts to contact him regarding the case. (See Order 11 Granting Mot. to Withdraw [Doc. 33] 3:16–23.) 12 In light of the foregoing, the Court VACATES the January 23, 2023 OSC hearing 13 and ORDERS the Doe Defendants DISMISSED WITHOUT PREJUDICE. In light of 14 the foregoing, the Clerk is ORDERED to close the District Court case file. 15 16 IT IS SO ORDERED Dated: January 19, 2023 17 18 19 20 21 22 23 24 25 26 27 28 2 21-CV-0829 W (MSB)

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