Orellana
Orellana v. Esh
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ARMANDO ORELLANA, Case No. 22-cv-01142-DMR
Plaintiff, ORDER GRANTING DEFENDANT'S v. MOTION TO DISMISS FOR FAILURE
TO PROSECUTE
UNITED STATES, Re: Dkt. No. 40 Defendant.
Plaintiff Armando Orellana filed this action in February 2022 alleging claims arising out of a motor vehicle collision. In January 2023, the court granted Swanson Law Group’s (“Swanson”) motion to withdraw as counsel for Orellana due to Orellana’s failure to communicate with counsel and cooperate in the prosecution of his case but ordered counsel to continue to serve all papers in this action on Orellana using the best possible means. [Docket No. 38.] Defendant United States now moves pursuant to Federal Rule of Civil Procedure 41(b) to dismiss the case for failure to prosecute. [Docket No. 40.] Despite being served with the motion, Orellana did not file an opposition. The court held a hearing on the motion on May 11, 2023, at which Orellana did appear.…