IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
October 4, 2012
ALFREDO HURTADO, UNITED STATES OF AMERICA, DOES 1-10, 11 DEFENDANTS.
The opinion of the court was delivered by: Richard Seeborg United States District Judge
ORDER DENYING MOTION TO DISMISS
The initially assigned Magistrate Judge recommended on August 28, 2012 that this matter be 15 dismissed due to failure to prosecute and for failure to comply with the Court's deadline and orders.
On September 10, 2012 Plaintiff's counsel submitted a declaration explaining that plaintiff had missed the hearing dates and order to show cause because the court dates had not been properly 18 "administered for service," and plaintiff's counsel was not familiar with Federal Court procedures. 19
While counsel are required to be familiar with both the federal and local rules of this Court, as no 20 prejudice has been shown from the delay, the action may proceed. Accordingly, defendant 21
Hurtado's subsequently filed motion to dismiss based entirely on the failure identified in the 22
Magistrate Judge's order is denied. The previously scheduled case management conference remains 23 on calendar. 24
IT IS SO ORDERED.
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