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Kennedy v. Sonoma County Superior Court, 15-cv-01642-KAW. (2016)

Court: District Court, N.D. California Number: infdco20160630a90 Visitors: 5
Filed: Jun. 29, 2016
Latest Update: Jun. 29, 2016
Summary: ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE KANDIS A. WESTMORE , Magistrate Judge . Pro se plaintiff Rheanna Kennedy commenced this action on April 10, 2015. 1 Several of the defendants to this case have moved to dismiss the operative complaint. The motions were filed on December 21, 2015, January 12, 2016, January 19, 2016, and February 2, 2016. (Dkt. Nos. 26, 32, 38, 48.) So that the remaining defendants could be served and have an opportunity to appear, the Court continued the hearin
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ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE

Pro se plaintiff Rheanna Kennedy commenced this action on April 10, 2015.1 Several of the defendants to this case have moved to dismiss the operative complaint. The motions were filed on December 21, 2015, January 12, 2016, January 19, 2016, and February 2, 2016. (Dkt. Nos. 26, 32, 38, 48.) So that the remaining defendants could be served and have an opportunity to appear, the Court continued the hearing on the motions to June 16, 2016. (Dkt. No. 61.) The notice resetting the hearing date stated, "[r]egardless of whether the Court reschedules the hearing date, all opposition and reply papers shall be timely filed pursuant to Civil L.R. 7-7(d)." (Id.)

Because Plaintiff had not filed an opposition to any of the motions to dismiss, a statement of non-opposition to the motions, or any other document indicating her intent to prosecute this case, the Court issued an order to show cause on May 17, 2016. (Dkt. No. 62.) In the order, Plaintiff was instructed to, by no later than June 3, 2016, show cause why this case should not be dismissed for failure to prosecute, and file (1) either an opposition to each motion to dismiss or a statement of non-opposition to each motion to dismiss and (2) a written a response to the order to show cause. (Id.) The response to the order to show cause and the opposition (or non-opposition) to the motions to dismiss were to be filed as separate documents. (Id.) Plaintiff was warned that failure to timely file both documents could result in the dismissal of this action for failure to prosecute.

As of the filing of this order, Plaintiff has not filed a response to the Court's order to show cause or any response to the pending motions to dismiss. Accordingly, this action is dismissed without prejudice for failure to prosecute.

IT IS SO ORDERED.

FootNotes


1. On July 30, 2015, Plaintiff consented to magistrate judge jurisdiction pursuant to 28 U.S.C. §
Source:  Leagle

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