Chu et al v. Tribal Technologies, Incorporated et al

Filing 54

ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE (whalc2, COURT STAFF) (Filed on 2/22/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LI CHING CHU, ROBERT CHING LIANG
HUNG, individually and as successors-ininterest to CINDY K. HUNG (deceased),

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For the Northern District of California

United States District Court

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No. C 12-05306 WHA

Plaintiffs,

Related to

v.

No. C 11-04990 WHA

TRIBAL TECHNOLOGIES, INCORPORATED,
TRIBAL BRANDS, INCORPORATED, JEFF
MARTIN, JOE VIERRA, and VICTORIA
DINOVICH

ORDER DISMISSING ACTION
FOR FAILURE TO PROSECUTE

Defendants.
/

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By order dated January 25, 2013, defendants’ motion to dismiss plaintiffs’ complaint was

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granted. The order provided that plaintiffs could seek leave to file an amended complaint by

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February 15. The order further provided that plaintiffs must file a motion for leave to amend,

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attaching a proposed amended complaint specifically addressing three matters, including

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administrative exhaustion under FEHA, applicability of any equitable doctrine excusing failure

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to exhaust, and specifying what express provisions or implied covenants defendants allegedly

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breached. The deadline for seeking leave to amend has come and gone, and no motion or

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proposed amended complaint has been received. Accordingly, the action is hereby DISMISSED

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FOR FAILURE TO PROSECUTE.

Judgment will be entered by separate order.

IT IS SO ORDERED.

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Dated: February 22, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE