Arvin Kam Construction Company v. Environmental Chemical Corporation

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ARVIN KAM CONSTRUCTION Case No. 16-cv-02643-JD

COMPANY,

8 Plaintiff, ORDER OF DISMISSAL 9 v. 10

ENVIRONMENTAL CHEMICAL

11 CORPORATION, Defendant. 12 13 On April 15, 2019, the Court entered partial summary judgment in favor of defendants. 14 Dkt. No. 53. The order dismissed plaintiff Kam Construction’s primary claims against defendants, 15 and reserved for further proceedings a few tailing fraud counts. The Court expressly directed the 16 parties to work out a schedule for summary judgment proceedings on the remaining claims. Id. at 17 9. 18 No proposed schedule was filed. Kam Construction has done nothing at all since April 19 2019 to advance the prosecution of the case. In light of this inactivity, the Court was concerned 20 that Kam Construction had abandoned the action. Consequently, on September 5, 2019, the Court 21 issued an order for Kam Construction to show cause why the case should not be dismissed for 22 failure to prosecute under Federal Rule of Civil Procedure 41(b). Dkt. No. 54. 23 …