Choe v. Unibank et al

Filing 17

ORDER OF DISMISSAL ; Choe's complaint is DISMISSED without prejudice for failure to prosecute, signed by U.S. District Judge John C Coughenour. (SWT)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CHUNG KI CHOE,

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Plaintiff,

CASE NO. C17-0510-JCC
ORDER OF DISMISSAL

v.
UNIBANK, et al.,

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Defendants.

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This matter comes before the Court on Plaintiff Chung Choe’s response (Dkt. No. 16) to

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the Court’s order to show cause (Dkt. No. 15). At the status conference hearing on June 20,

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2017, the Court determined that dismissal of Choe’s claims was appropriate due to his failure to

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prosecute them. (See Dkt. No. 14; Dkt. No. 15 at 1.) The order to show cause directed Choe to

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explain whether the claims should be dismissed with prejudice (meaning they cannot be refiled)

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or without prejudice (meaning Choe would be able to file a new case raising those claims).

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In response, Choe requests 30 days to amend his complaint to better define his claims.

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(Dkt. No. 16 at 2.) However, this Court has already in effect dismissed them. (See Dkt. Nos. 14,

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15.) The only remaining question is whether Choe should be able to raise them in a new case.

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Choe does not address this issue. (See Dkt. No. 16 at 1-2.)

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However, based on Choe’s response—indicating the desire to pursue his claims and the
difficulty of attending a conference in person—the Court concludes that dismissal without

ORDER OF DISMISSAL
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prejudice is again appropriate. This means that, although this specific case will be closed, Choe

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can open a new case and refile his claims, should he choose to do so. If Choe opts to refile his

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claims, he is forewarned that diligent pursuit of his claims is essential. This includes

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attendance—whether in person or telephonically—at any conferences and hearings. If Choe fails

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to pursue his claims for a third time, he should expect a dismissal with prejudice.

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In sum, Choe’s complaint is DISMISSED without prejudice for failure to prosecute. The
Clerk is directed to CLOSE this case.
DATED this 25th day of July, 2017.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER OF DISMISSAL
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