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Goldberg v. Cameron

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


June 29, 2006

NEIL G. GOLDBERG, PLAINTIFF,
v.
JAMES CAMERON, ET AL DEFENDANTS.

The opinion of the court was delivered by: Patricia V. Trumbull United States Magistrate Judge

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

The Complaint in this case was filed on August 25, 2005. A Case Management Conference was scheduled for February 7, 2006.*fn1 On February 6, 2006, Plaintiff requested a continuance, stating only that the "case remains under evaluation." The Court granted this last minute request and continued the Case Management Conference to May 23, 2006. The Case Management Conference was later continued to June 29, 2006. On June 28, 2006, Plaintiff again requested a continuance, again stating that the "case remains under evaluation." The Court contacted Plaintiff's counsel and left a message indicating that the request to continue had been denied. Because the request was not granted, the Case Management Conference remained on schedule for 11:00 a.m. on June 29, 2006. Plaintiff neither filed a Case Management Conference Statement nor appeared for the Case Management Conference. Therefore,

IT IS HEREBY ORDERED that, no later than August 31, 2006, Plaintiff shall file a declaration showing cause why this case should not be dismissed for failure to prosecute, based on Plaintiff's failure to file a Case Management Conference statement, failure to appear at the Case Management Conference, and apparent failure to effect timely service of process.


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