(PS) Ben et al v. Eli Lilly and Company, No. 2:2014cv02914 - Document 80 (E.D. Cal. 2019)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/19/19 RECOMMENDING that this action be dismissed for failure to prosecute and failure to comply with court orders. F&R referred to District Judge Kimberly J. Mueller. Objections to F&R due within fourteen days. (Kaminski, H)

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(PS) Ben et al v. Eli Lilly and Company Doc. 80 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RACHEL ANNE BEN, et al., 12 13 14 15 No. 2:14-cv-2914-KJM-EFB Plaintiffs, v. FINDINGS AND RECOMMENDATIONS ELI LILLY AND COMPANY, Defendant. 16 17 On January 30, 2019, the court ordered defendant and the sole remaining plaintiff, Rachel 18 Ben, to file status reports within 14 days. ECF No. 78. Ms. Ben was admonished that failure to 19 comply with that order could result in a recommendation that this action be dismissed for lack of 20 prosecution and/or failure to comply with court orders. Id. 21 22 23 24 Defendant timely filed a status report. ECF No. 79. Ms. Ben, however, has not filed a status report, nor otherwise responded to the court’s January 30, 2019 order. Accordingly, it is hereby RECOMMENDED that this action be dismissed for failure to prosecute and failure to comply with court orders. See Fed. R. Civ. P. 41(b); Cal. E.D. L.R. 110. 25 These findings and recommendations are submitted to the United States District Judge 26 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 27 after being served with these findings and recommendations, any party may file written 28 objections with the court and serve a copy on all parties. Such a document should be captioned 1 Dockets.Justia.com 1 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 2 within the specified time may waive the right to appeal the District Court’s order. Turner v. 3 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 4 Dated: February 19, 2019. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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