Shpitj et al v. Petaluma Skilled Nursing & Wellness Centre, LLC et al

Filing 20

ORDER DISMISSING WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. Signed by Judge JEFFREY S. WHITE on 12/7/11. (jjoS, COURT STAFF) (Filed on 12/7/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LUDMILA SHPITJ,
Plaintiff,

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For the Northern District of California

United States District Court

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No. C 11-02072 JSW

v.

ORDER DISMISSING WITHOUT
PREJUDICE FOR FAILURE TO
PROSECUTE

PETALUMA SKILLED NURSING,

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Defendants.
/

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On July 12, 2011, the Court issued an Order regarding information it had received

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regarding the fact that Plaintiff Fred Labankoff required additional time to file an amended

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complaint by July 15, 2011, and stated that unless any party had any information to the

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contrary, it would grant Plaintiffs an additional thirty days to file an amended complaint. On

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July 12, 2011, Mr. Labankoff also filed a request for an extension of time, which shall be

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docketed forthwith. The Court granted that request and ordered Plaintiffs to file an amended

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complaint by no later than September 16, 2011. The Court advised Plaintiffs that if they failed

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to file an amended complaint by that date, or failed to file an additional request for an extension

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of time showing good cause, the Court would dismiss the case without prejudice.

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On August 16, 2011, the Court received a letter from Mr. Labankoff’s mother, Svetlana

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Labankoff, in which she advised the Court that Mr. Labankoff had passed away. In that letter,

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she appears to ask the Court for legal advice as to how to proceed with the complaint filed by

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Mr. Labankoff and her sister, Ludmila Shpitj.

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//

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The Court construed letter as a request for additional time to file an amended complaint

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and, on September 2, 2011, the Court granted Plaintiff one final extension of time to file an

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amended complaint. In the Order, the Court directed that any amended complaint was due by

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no later than December 2, 2011, and if the Court did not receive an amended complaint by that

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date, it would dismiss these claims without prejudice and without further notice.

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The Court has not received an amended complaint. Accordingly, the Court HEREBY

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DISMISSES this matter WITHOUT PREJUDICE for failure to prosecute. The Clerk shall

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close the file.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: December 7, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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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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LUDMILA SHPITJ et al,

Case Number: CV11-02072 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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PETALUMA SKILLED NURSING et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on December 7, 2011, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
14 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.
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17 Fred G. Labankoff
3828 Skyfarm Drive
18 Santa Rosa, CA 95402
19 Ludmila Shpitj
523 Hayes Lane
20 Petaluma, CA 94952
21 Dated: December 7, 2011
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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