Opinion
22-cv-02840-WHO
02-08-2023
KAO SAELEE, Plaintiff, v. THE UNIVERSITY OF PHOENIX, INC., et al., Defendants.
DISMISSAL FOR FAILURE TO PROSECUTE
William H. Orrick United States District Judge
On November 7, 2022, the Court granted the motion to withdraw of the Carson Law Firm, who represented Kao Saelee and all other plaintiffs in this litigation. Dkt. No. 27. All other plaintiffs except Mr. Saelee had agreed to a settlement. The Court ordered that Mr. Saelee advise the Court by February 7, 2023, of his efforts to secure new counsel or of his intent to represent himself pro se, and that his failure to so inform the Court may result in the dismissal of his claim for failure to prosecute. A Stipulation of Dismissal With Prejudice filed on December 2, 2022, Dkt. No. 31, recites that Mr. Saelee had been informed by email and by certified mail of the November 7 Order.
Mr. Saelee has not contacted the Court. He did not participate in filing a Joint Case Management Statement, nor did he appear at the Case Management Conference on February 7, 2023. Counsel for the defense indicated that he had communicated with Mr. Saelee about the Case Management Conference last week in an effort to have him participate in drafting the Joint Statement, but that Mr. Saelee did not respond after the initial communication.
As a result, in accordance with the November 7, 2022 Order, Mr. Saelee is DISMISSED from this litigation for failure to prosecute. As all other plaintiffs have settled, the Clerk may close the file on this matter.
IT IS SO ORDERED