Hu v. The Guardian Life Insurance Company of America, 17-cv-04098-NC. (2017)
Court: District Court, N.D. California
Number: infdco20170913f20
Visitors: 10
Filed: Aug. 28, 2017
Latest Update: Aug. 28, 2017
Summary: REQUEST FOR REASSIGNMENT TO DISTRICT COURT JUDGE AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE Re: Dkt. No. 6 NATHANAEL M. COUSINS , Magistrate Judge . Because plaintiff Hu has declined to consent to the jurisdiction of a magistrate judge under 28 U.S.C. 636(c), the Clerk of Court is asked to randomly reassign this case to a District Court Judge. I recommend that, upon reassignment, Hu SHOW CAUSE in writing within fourteen days why the case should not be dismissed for failure t
Summary: REQUEST FOR REASSIGNMENT TO DISTRICT COURT JUDGE AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE Re: Dkt. No. 6 NATHANAEL M. COUSINS , Magistrate Judge . Because plaintiff Hu has declined to consent to the jurisdiction of a magistrate judge under 28 U.S.C. 636(c), the Clerk of Court is asked to randomly reassign this case to a District Court Judge. I recommend that, upon reassignment, Hu SHOW CAUSE in writing within fourteen days why the case should not be dismissed for failure to..
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REQUEST FOR REASSIGNMENT TO DISTRICT COURT JUDGE AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE
Re: Dkt. No. 6
NATHANAEL M. COUSINS, Magistrate Judge.
Because plaintiff Hu has declined to consent to the jurisdiction of a magistrate judge under 28 U.S.C. § 636(c), the Clerk of Court is asked to randomly reassign this case to a District Court Judge.
I recommend that, upon reassignment, Hu SHOW CAUSE in writing within fourteen days why the case should not be dismissed for failure to prosecute. As set forth in part in an Order to Show Cause issued August 11, 2017, Dkt. No. 9, Hu failed to file an opposition to defendant Guardian Life's pending motion to dismiss, Dkt. No. 6, and has not otherwise appeared since the case was removed from state court. Hu also did not respond to the August 11, 2017, Order to Show Cause.
In conclusion, I recommend that the newly assigned judge dismiss this case unless Hu demonstrates an interest in pursuing his case.
Any party may object to this recommendation, but must do so within fourteen days of being served with the recommendation. Fed. R. Civ. P. 72(b).
IT IS SO ORDERED.
Source: Leagle
