Carmichael

Carmichael v. County of San Diego

Good Law
United States District Court, Southern District of CaliforniaApril 16, 20203:19-cv-01750California1,175 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KIRK MATTHEW CARMICHAEL, Case No. 19-cv-01750-GPC-AGS ROBERT E. BASKIN on behalf of

STARS IN THE SKY TRUST, ORDER DENYING DEFENDANT’S

MOTION TO DISMISS FOR

Plaintiff, FAILURE TO PROSECUTE AND

ORDERING PLAINTIFF TO SHOW

v.

CAUSE FOR WHY THIS ACTION

COUNTY OF SAN DIEGO, PETER SHOULD NOT BE DISMISSED.

ESTES, SUMMER STEPHAN,

16 MICHAEL HOLMES, JOHN STALEY, (ECF No. 20.) AUTONATION DBA BMW OF

ENCINITAS, TOYOTA OF

ESCONDIDO, AND DOES 1-

inclusive,

20 Defendants. 21 The instant order arises from a defendant’s motion to dismiss the case for failure to prosecute. (ECF No. 20.) Finding that a less drastic sanction than outright dismissal would be more appropriate under the circumstances, the Court DENIES the motion. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE in writing, on or before May 8, 2020, why this matter should not be dismissed for failure to prosecute. Failure to timely respond to this Order…

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