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)

Case 3:21-cv-00829-W-MSB Document 36 Filed 01/19/23 PageID.163 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOHN JUNGERS,
Plaintiff,

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v.

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CITY OF SAN DIEGO, et al.,

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Case No.: 21-CV-0829 W (MSB)
ORDER (1) VACATING JANUARY
23, 2023 HEARING AND
(2) DISMISSING DOE
DEFENDANTS WITHOUT
PREJUDICE

Defendants.

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On December 20, 2022, this Court issued an Order to Show Cause (“OSC”) why

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this case should not be dismissed for failure to serve the Doe Defendants. (See Dec. 20,

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2022 OSC [Doc. 35] 2:14–15.) The Order set a hearing for January 23, 2023 at 10:00

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a.m. and, in preparation for the hearing, ordered Plaintiff to file a brief by January 18,

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2023 explaining why the case should not be dismissed. (Id. 2:14–18.) The order also

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warned Plaintiff that failure to file the brief by the deadline would result in the hearing

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being vacated and the Doe Defendants dismissed without prejudice. (Id. 2:18–20.)

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Plaintiff failed to comply with the order.

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Case 3:21-cv-00829-W-MSB Document 36 Filed 01/19/23 PageID.164 Page 2 of 2

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Plaintiff’s failure to comply with the December 20, 2022 OSC is the second time

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Plaintiff has failed to comply with an order of this Court. On November 21, 2022, this

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Court granted Attorney Pena’s unopposed motion to withdraw and ordered Plaintiff to

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file a notice verifying his mailing address and e-mail address. (Order Granting Mot. to

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Withdraw [Doc. 33] 4:1–8.) Plaintiff did not comply with that order.

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It is also important to point out that the December 20, 2022 OSC was the third

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OSC regarding Plaintiff’s failure to serve the Doe Defendants. (See Jan. 26, 2022 OSC

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[Doc. 22]; Sept. 29, 2022 OSC [Doc. 29].) Additionally, the basis for Plaintiff’s

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attorney’s motion to withdraw and the order granting that motion was Plaintiff’s failure

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to respond to his attorney’s attempts to contact him regarding the case. (See Order

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Granting Mot. to Withdraw [Doc. 33] 3:16–23.)

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In light of the foregoing, the Court VACATES the January 23, 2023 OSC hearing

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and ORDERS the Doe Defendants DISMISSED WITHOUT PREJUDICE. In light of

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the foregoing, the Clerk is ORDERED to close the District Court case file.

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IT IS SO ORDERED
Dated: January 19, 2023

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