Barker et al v. Round Hill Country Club et al

Filing 38

ORDER DISMISSING CASE. Granting 34 defendants' motion to dismiss for failure to prosecute. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 11/5/2008) (Additional attachment(s) added on 11/7/2008: # 1 cs) (ys, COURT STAFF).

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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 KENNETH BARKER and LOIS ANNE BARKER, Plaintiffs, v. ROUND HILL COUNTRY CLUB, et al., Defendants. / No. C 08-2977 SI ORDER DISMISSING CASE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA In an order filed September 30, 2008, the Court granted defendants' motion to dismiss and granted plaintiffs leave to amend the complaint. Plaintiffs then requested an extension of time to file an amended complaint, which the Court granted. Plaintiffs did not file an amended complaint, and defendants filed a motion to dismiss for failure to prosecute. Plaintiffs have filed an "answer" to the motion, stating that they do not intend to amend the complaint and instead wish to appeal the September 30, 2008 order. Accordingly, the Court GRANTS defendants' motion to dismiss for failure to prosecute, and DISMISSES this case. (Docket No. 34). IT IS SO ORDERED. Dated: November 5, 2008 SUSAN ILLSTON United States District Judge

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