UNITED STATES DISTRICT COURT JS-6

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES -- GENERAL

Case No. ED CV 20-1683-JFW(SHKx) Date: August 20, 2021 Title: Javier Lozano -v- Neovia Logistics Distribution, LP, et al.

PRESENT:

HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE

Shannon Reilly None Present Courtroom Deputy Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS:

None None

PROCEEDINGS (IN CHAMBERS): ORDER DISMISSING ACTION WITHOUT PREJUDICE

FOR FAILURE TO COMPLY WITH COURT ORDER

Pursuant to the Court’s Scheduling and Case Management Order (“CMO”) filed on September 17, 2020 (Docket No. 17), Plaintiff Javier Lozano (“Plaintiff”) was ordered to file a Pre- Trial Conference Order; Motions in Limine; Memorandum of Contentions of Fact and Law; Pre-Trial Exhibit Stipulation; Summary of Witness Testimony and Time Estimates; Status Report re: Settlement; Agreed Upon Set of Jury Instructions and Verdict Forms; and Joint Statement re: Disputed Instructions, Verdicts, etc. (“Pre-Trial Documents”) by August 19, 2021. Plaintiff has violated the Court’s Order by failing to file any of the required Pre-Trial Documents. As a result of Plaintiff’s violation of the Court’s CMO, the Court DISMISSES without prejudice the remaining claims in this action, specifically Plaintiff’s third cause of action for failure to pay wages upon separation of employment in violation of California Labor Code § 203 and Plaintiff’s fourth cause of action for unfair competition in violation of California Business & Professions Code §§ 17200, et seq. See Federal Rule of Civil Procedure 41(b); see also Yourish v. California Amplifier, 191 F.3d 983, 986-988 (9th Cir. 1999); Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). All pretrial dates and the trial date in this action are hereby VACATED.

IT IS SO ORDERED.