UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 18, 2011
PAUL GRILEY, INDIVIDUALLY AND ON BEHALF OF THE GENERAL PUBLIC OF THE STATE OF CALIFORNIA ORDER TO SHOW CAUSE PLAINTIFF,
NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA; NATIONAL CITY BANK OF INDIANA; PNC MORTGAGE CORP; GREEN TREE SERVICING, LLC; FANNIE MAE AND DOES 1 TO 50 DEFENDANTS.
A Status (Pretrial Scheduling) Conference was scheduled in this action for March 21, 2011, and the parties were required to submit a Joint Status Report by March 7, 2011. Defendants filed a separate status report, stating that they attempted to reach plaintiff's counsel "for several weeks" in order to prepare the Joint Status Report, but were unsuccessful. (Docket No. 28.)
The Clerk also attempted to contact plaintiff's counsel multiple times, using the contact information provided by counsel, but could not reach him.
A plaintiff's failure to prosecute or to comply with the Federal Rules of Civil Procedure or a court order constitutes grounds for dismissal of the action. Fed. R. Civ. P. 41(b). The court does not wish to keep a case on its docket, nor should it set discovery deadlines and a trial date, when the plaintiff has no interest in prosecuting the action.
IT IS THEREFORE ORDERED that within twenty-one days of the date of this Order, plaintiff shall file a brief to show cause why this action should not be dismissed pursuant to Fed. R. Civ. P. 42(b) for failure to prosecute. At the same time, plaintiff shall file a status report as required by the court's Status (Pretrial Scheduling) Conference Order (Docket No. 5). The Status (Pretrial Scheduling) Conference is continued to April 18, 2011, at 2:00 p.m. in Courtroom No. 5. Counsel for plaintiff shall personally attend the conference. Plaintiff is advised that failure to comply with this Order may result in dismissal of the action.
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