Lama v. New Century Foundation ( 2020 )

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 NURBA LAMA, et al., 7 Case No. 5:19-cv-07218-EJD Plaintiffs, 8 ORDER ADOPTING REPORT AND Vv. RECOMMENDATION TO DISMISS 9 FOR FAILURE TO PROSECUTE NEW CENTURY FOUNDATION, et al., 10 Re: Dkt. Nos. 58, 62 Defendants. 1] s On February 24, 2020, United States Magistrate Judge Jacqueline Scott Corley issued a 13 Report and Recommendation that the District Judge dismiss Plaintiffs’ action for failure to 14 || prosecute. See Order of Reassignment; Report and Recommendation to Dismiss for Failure to © 3 15 || Prosecute (“R & R”), Dkt. No. 62. Specifically, Judge Corley found that Plaintiffs have failed Q 16 || prosecute and respond to court orders pursuant to Federal Rule of Civil Procedure 41(b) and that 17 || “at least four” of the Henderson factors supported dismissal. /d. (citing Henderson v. Duncan, 18 779 F.2d 1421 (9th Cir. 1986)). Judge Corley also noted that to the extent Plaintiffs had appeared 19 || through counsel, this appearance was improper because Plaintiffs’ counsel had neither made a 20 || formal appearance on behalf of any Plaintiff nor been admitted pro hac vice (as required by his 21 out-of-state bar license). /d. at 2 n.1. 22 On February 25, 2020, the case was reassigned to the undersigned. See Dkt. No. 63. No 23 objections to the Report and Recommendation have been filed, and the time to file objections has 24 || expired. See Fed. R. Civ. P. 72(b)(2). 25 Having reviewed the Report and Recommendation, as well as the record in this case, the 26 Court finds that the Report and Recommendation is well-founded in fact and in law and, therefore, 27 Case No.: 5:19-cv-07218-EJD 28 || ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE 1 adopts the Report and Recommendation. The Court DISMISSES Plaintiffs’ action with prejudice 2 || for failure to prosecute and TERMINATES the motion for default judgment (Dkt. No. 58). The 3 Clerk shall close the file. 4 IT IS SO ORDERED. 5 || Dated: March 26, 2020 6 EDWARD J. DAVILA 7 United States District Judge 8 9 10 1] 14 15 16 («17 Z 18 19 20 21 22 23 24 25 26 27 Case No.: 5:19-cv-07218-EJD 28 || ORDER ADOPTING REPORT AND RECOMMENDATION TO DISMISS FOR FAILURE TO PROSECUTE