Background Facts

Plaintiff, Thanh Huu Nguyen filed this action against Defendants, Hoang Lam Dao, Joseph Ngo, Daily Fresh Seafood Company, Saigon Seafood Company, Saigon Seafood Wholesale, and Saigon Seafood Trading for battery, conversion, vicarious liability, IIED, and intentional interference with contractual relations. Plaintiff filed his complaint on 11/02/18. Dao filed an answer on 12/05/18. Ngo filed an answer on 12/20/18.

On 5/06/19, the Court held an OSC re: failure to file proof of service. Plaintiff did not appear. The Court ordered the complaint dismissed as to Daily Fresh Seafood Company, Saigon Seafood Trading, and Saigon Seafood Wholesale.

On 6/26/19, the Court held a Case Management Conference and OSC re: failure to prosecute and dismissal. Plaintiff appeared at the hearing through Counsel, Thomas Emmitt. The Court’s minute order includes the following statement: “The Court, pursuant to an oral request made by Plaintiff, orders the Complaint filed by Thanh Huu Nguyen