Miller et al v. Rupf et al

Filing 133

ORDER dismissing case pursuant to FRCP 41(b). The clerk is directed to terminate all motions, enter judgment in favor of defendants and close the file. (vrwlc1, COURT STAFF) (Filed on 1/4/2010)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / At the December 10, 2009 hearing, the court ordered plaintiffs to show cause not later than December 30, 2009 why their claims should not be dismissed for failure to prosecute. Doc #131. JENNIFER MILLER, et al, Plaintiffs, v WARREN E RUPF, et al, Defendants. No C 07-01137 VRW Related to C-02-02831 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA In addition, plaintiffs were ordered to respond to defendants' summary judgment motions not later than December 30, 2009. Id. At the December 10 hearing, the court warned plaintiffs that failure to respond timely would result in dismissal of the action pursuant to FRCP 41(b). Doc #131. Plaintiffs have failed to file a response to the order to show cause or an opposition to 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 defendants' motions for summary judgment, and the deadline for doing so has passed. to FRCP 41(b). Accordingly, the action is DISMISSED pursuant The clerk is directed to terminate all motions, enter judgment in favor of defendants and close the file. IT IS SO ORDERED. VAUGHN R WALKER United States District Chief Judge 2

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