Chu et al v. Tribal Technologies, Incorporated et al

Filing 54


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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 LI CHING CHU, ROBERT CHING LIANG HUNG, individually and as successors-ininterest to CINDY K. HUNG (deceased), 11 For the Northern District of California United States District Court 10 12 13 14 15 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. / 16 17 By order dated January 25, 2013, defendants’ motion to dismiss plaintiffs’ complaint was 18 granted. The order provided that plaintiffs could seek leave to file an amended complaint by 19 February 15. The order further provided that plaintiffs must file a motion for leave to amend, 20 attaching a proposed amended complaint specifically addressing three matters, including 21 administrative exhaustion under FEHA, applicability of any equitable doctrine excusing failure 22 to exhaust, and specifying what express provisions or implied covenants defendants allegedly 23 breached. The deadline for seeking leave to amend has come and gone, and no motion or 24 proposed amended complaint has been received. Accordingly, the action is hereby DISMISSED 25 26 FOR FAILURE TO PROSECUTE. Judgment will be entered by separate order. IT IS SO ORDERED. 27 28 Dated: February 22, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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