Henning v. CBE Group, Inc.

Filing 16

ORDER DISMISSING WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. Signed by Judge JEFFREY S. WHITE on 4/12/11. (jjoS, COURT STAFF) (Filed on 4/12/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MIKHAIL HENNING,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 11-00621 JSW

v.

ORDER DISMISSING WITHOUT
PREJUDICE FOR FAILURE TO
PROSECUTE

CBE GROUP, INC.,

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Defendant.
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On February 22, 2011, Defendant CBE Group, Inc. filed a Motion to Dismiss, which it

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noticed for hearing on May 6, 2011. On February 22, 2011, this Court issued an Order setting a

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briefing schedule on that motion. Pursuant to that Order, Plaintiff’s opposition to the motion

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was to be filed and served by no later than Friday, March 18, 2011. Plaintiff did not file an

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opposition brief on that date.

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Accordingly, on March 25, 2011, the Court ordered Plaintiff to show cause why this

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case should not be dismissed without prejudice for failure to prosecute. Plaintiff’s response to

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the Order to Show Cause was due by no later than April 8, 2011. The Court also advised

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Plaintiff that if he failed to respond to this Order to show cause or failed to submit a request to

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file an untimely brief with a proposed opposition to Defendant’s motion by that date, the Court

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would dismiss this case, without prejudice and without further notice to plaintiff.

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//

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//

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Plaintiff has not responded to the Order to Show Cause and has not submitted a request

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to file an untimely brief in opposition to Defendant’s motion. Accordingly, the Court HEREBY

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DISMISSES this case without prejudice. The Clerk shall close the file.

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IT IS SO ORDERED.
Dated: April 12, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT
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FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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6 HENNING et al,
Plaintiff,

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Case Number: CV11-00621 JSW
CERTIFICATE OF SERVICE

v.

9 CBE GROUP, INC. et al,
Defendant.

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For the Northern District of California

United States District Court

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12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
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That on April 12, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
14 said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
15 delivery receptacle located in the Clerk's office.
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17 Mikhail R. Henning
PO Box 1100
18 Newark, CA 94560
19 Dated: April 12, 2011
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk