Sayles v. City of Lathrop et al

Filing 50

ORDER OF DISMISSAL signed by Judge Morrison C. England, Jr. on 9/22/2011 ORDERING that Dft's 36 Motion to Dismiss is GRANTED. Pltf's complaint is DISMISSED with prejudice in its entirety against all dfts. Dft City's 39 Motion for Summary Judgment is DENIED as moot. CASE CLOSED. (Zignago, K.)

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J. Callahan, Esq. # 202585
Jeff L. Bean, Esq. #194652
BORTON PETRINI, LLP
1104 12th Street
Modesto, California 95354
Telephone: [phone]

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Attorneys for Defendant,
CITY OF LATHROP

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Case No. 2:09-CV-03564-MCE-KJN

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TOM SAYLES,
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Plaintiff,
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v.

ORDER OF DISMISSAL

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CITY OF LATHROP; DAN MAC NEILAGE,
in his individual, official and/or agency
capacity; RON RHODES, in his individual,
official and/or agency capacity; DOES 1
through 10, inclusive,

[FRCP 41(b)]

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Defendants,

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Plaintiff Tom Sayles failed to file any opposition to the defendant City of Lathrop
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("City") Motion to Dismiss for Failure to Prosecute under FRCP 41(b) (ECF No. 36). Plaintiff
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further failed to comply with this court’s order (ECF No. 47), which required plaintiff to file an
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opposition to the motion within 20 days or face sua sponte dismissal of his lawsuit in its entirety.
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The Court therefore orders as follows:
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1.

Defendant’s Motion to Dismiss (ECF No. 36) is GRANTED.

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Plaintiff Tom Sayles’ complaint is dismissed with prejudice in its entirety

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against all defendants.
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3.

In light of the Court’s dismissal of Plaintiff’s action, Defendant City’s Motion

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for Summary Judgment (ECF No. 39) is DENIED as moot.
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C:\iFolder\mengland\Home\T
O DOCKET
CIVIL\09cv3564.o.0922.wpd

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ORDER OF DISMISSAL [FRCP 41(b)]

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4. The Clerk of Court is directed to close the file.

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IT IS SO ORDERED.

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Dated: September 22, 2011

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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C:\iFolder\mengland\Home\T
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CIVIL\09cv3564.o.0922.wpd

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ORDER OF DISMISSAL [FRCP 41(b)]