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15-343 - Pinon-Gutierrez v. California Highway Patrol et al


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15-343 - Pinon-Gutierrez v. California Highway Patrol et al
September 3, 2015
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ORDER signed by Judge Kimberly J. Mueller on 9/3/15 ORDERING that plaintiff's second claim under the Bane Act against Officer Layton is DISMISSED without leave to amend. This order resolves ECF No. 4. (Kastilahn, A)
November 30, 2015
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ORDER signed by Judge Kimberly J. Mueller on 11/30/2015. A Status Conference was set for 11/12/2015, and parties were instructed to file a Joint Status Report at least 7 days prior to Conference. Parties filed their Joint Status Report on 10/2/2015, but there was no appearance by plaintiff's counsel Mr. Benjamin A. Williams at 11/12/2015 Conference. Plaintiff's counsel, in an email sent to Courtroom Deputy on 11/13/2015, indicated he forgot to calendar new date of Pretrial Scheduling Conference, and was ill at the time of the Conference. While a failure to remember does not generally provide good cause, Mr. Williams' prompt response to his failure to appear and the tenor of his response persuade the Court that the Order to Show Cause it issued from the bench should be DISCHARGED. (Marciel, M)
May 3, 2016
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ORDER signed by Magistrate Judge Allison Claire on 5/3/2016 CONTINUING the discovery cut-off date for the purpose of taking the defendant's depositions ONLY to 5/20/2016. (Michel, G.)
July 7, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 7/6/16 ORDERING the claims against the Doe defendants and Officer Brown are dismissed for failure to prosecute without prejudice, as service has not been completed as provided by Federal Rule of Civil Procedure 4, as noted in this court's previous orders. See, e.g., Chambers v. NASCO, Inc., 501 U.S. 32, 44 (1991) (a district court may dismiss abandoned claims on its own motion); In re Phenylpropanolamine (PPA) Products Liab. Litig., 460 F.3d 1217, 1226 (9th Cir. 2006) (listing the criteria the court considers when deciding whether to dismiss); Due to the parties' negotiated resolution, this matter is dismissed with prejudice against Officer Layton, each party bearing his or her own costs; this order CLOSES THE CASE. (Becknal, R)