Khamenehpour et al v. Allstate Insurance Company

Filing 50

MEMORANDUM AND ORDER by Judge Marilyn Hall Patel granting 44 Motion for Summary Judgment as unopposed; Action dismissed with prejudice (awb, COURT STAFF) (Filed on 5/14/2009)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
BAHRAM KHAMENEHPOUR, FIROOZEH KHAMENEHPOUR, Plaintiffs, v. ALLSTATE INSURANCE COMPANY and DOES 1-50, inclusive, Defendants. / No. C 06-07015 MHP MEMORANDUM & ORDER Re: Defendant's Motion for Summary Judgment or, Alternatively, Summary Adjudication

United States District Court

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For the Northern District of California

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Defendant Allstate Insurance Company has moved for summary judgment or, alternatively, summary adjudication, regarding the only remaining issue in this action, plaintiffs' punitive damages claim. To this date, plaintiffs have failed to file an opposition to the present motion or show cause why they are unable to do so. It is plaintiffs' duty to prosecute this action. A district court may dismiss an action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Link v. Wabash R.R., 370 U.S. 626, 633 (1962); McKeever v. Block, 932 F.2d 795, 797 (9th Cir. 1991). It is hereby ordered that defendant's motion is deemed submitted on the papers and, as unopposed, the motion is GRANTED. This action is dismissed with prejudice. The clerk of the court shall close the file. IT IS SO ORDERED. Dated: May 13, 2009 MARILYN HALL PATEL United States District Court Judge Northern District of California