Moore, et al. v. County of Kern, et al.

Filing 15

ORDER TO SHOW CAUSE signed by Chief Judge Anthony W. Ishii on 3/2/2010. IT IS HEREBY ORDERED that, as soon as possible, but no later than 1:00p.m. on March 9, 2010, minor-Plaintiff Bryce J. Moore shall either file a notice of nonoppositionto the closing of this matter (1:07-CV-1196) or show cause why this case should notbe dismissed with prejudice.(Timken, A)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 On March 1, 2010, minor-Plaintiff Bryce Moore filed a status report in case 1:05-CV20 1115 AWI SMS. The status report indicates that the settlement agreement has been followed, an 21 annuity has been purchased, a release has been executed, a stipulated dismissal is being prepared, 22 and alternatively Bryce Moore requested the dismissal of his claims with prejudice. 23 The Court has reviewed the complaint in this case and it appears to the Court that the 24 settlement in case 1:05-CV-1115 also resolves the claims in this case (1:07-CV-1196). This case 25 was filed on August 15, 2007, and nothing has occurred since certificates of service were filed on 26 November 30, 2007. In light of the settlement in case 1:05-CV-1115 and the lack of 27 activity/prosecution in this case (1:07-CV-1196), minor-Plaintiff Bryce Moore should show 28 cause why this case should not be dismissed with prejudice. ) ) ) ) ) ) Plaintiff, ) v. ) ) COUNTY OF KERN, et. al, ) ) Defendants. ) ) ____________________________________) BRYCE J. MOORE, a minor, by and through his Guardian ad litem, MICHELLE TRIPP, individually and as successor in interest of James W. Moore, deceased, 1:07-CV-1196 AWI SMS (Related to: 1:05-CV-1115 AWI SMS 1:06-CV-120 OWW SMS) ORDER TO SHOW CAUSE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Accordingly, IT IS HEREBY ORDERED that, as soon as possible, but no later than 1:00 p.m. on March 9, 2010, minor-Plaintiff Bryce J. Moore shall either file a notice of nonopposition to the closing of this matter (1:07-CV-1196) or show cause why this case should not be dismissed with prejudice. IT IS SO ORDERED. Dated: 0m8i78 March 2, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE 2

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