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Riley v. American Heritage Life Insurance Co.

United States District Court, Ninth Circuit, California, E.D. California
Aug 19, 2015
2:15-cv-00999-MCE-DAD (E.D. Cal. Aug. 19, 2015)

Opinion


WILLIE RILEY and JUDY PIPKIN Plaintiffs, v. AMERICAN HERITAGE LIFE INSURANCE COMPANY dba Allstate Insurance Company, and DOES 1 through 100, inclusive, Defendants. No. 2:15-cv-00999-MCE-DAD United States District Court, E.D. California. August 19, 2015

          ORDER OF DISMISSAL

          MORRISON C. ENGLAND, Jr., Chief District Judge.

         On June 19, 2015, this court electronically filed an Order to Show Cause ("OSC") in this matter (ECF No. 13) due to Plaintiffs' failure to file an opposition, or statement of non-opposition, to Defendants' Motion to Dismiss (ECF No. 7) set for hearing on June 25, 2015, as required by Eastern District Local Rule 230(c). Given that failure, Plaintiffs were ordered to show cause, in writing and not less than ten (10) days after June 19, 2015, as to why this matter should not be dismissed, with prejudice, for failure to comply with the Local Rules. Plaintiffs were admonished that a failure to respond would result in dismissal without further notice.

         To date, absolutely no response to the Court's OSC has been forthcoming. While the parties a Joint Status Report ("JSR") on July 6, 2015, the portion of the JSR attributable to Defendants references the fact that Plaintiffs never responded to their Motion to Dismiss and Plaintiffs make no attempt to excuse his failure to respond. Therefore, aside from the fact that the JSR was submitted well after the ten-day period for responding to the OSC had passed, it substantively offers no justification for Plaintiffs' failure, either.

         Given Plaintiffs' failure to adhere to the Local Rules, their failure to comply with court orders as set forth in the OSC, and the failure to prosecute demonstrated by these shortcomings, this matter is hereby dismissed, with prejudice. The matter having now been concluded in its entirety the Clerk of Court is directed to close the file.

         IT IS SO ORDERED.


Summaries of

Riley v. American Heritage Life Insurance Co.

United States District Court, Ninth Circuit, California, E.D. California
Aug 19, 2015
2:15-cv-00999-MCE-DAD (E.D. Cal. Aug. 19, 2015)
Case details for

Riley v. American Heritage Life Insurance Co.

Case Details

Full title:WILLIE RILEY and JUDY PIPKIN Plaintiffs, v. AMERICAN HERITAGE LIFE…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Aug 19, 2015

Citations

2:15-cv-00999-MCE-DAD (E.D. Cal. Aug. 19, 2015)