Sullivan v. Philip Morris USA, Inc. et al

Filing 5

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 4/1/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 4/1/2014)

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*E-Filed 4/1/14*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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United States District Court
For the Northern District of California

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MANSE SULLIVAN,
for Mrs. Walter Mae Smith,

ORDER OF DISMISSAL

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No. C 13-5173 RS (PR)

Plaintiff,
v.

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PHILIP MORRIS USA, INC, and
14 ALTIRA GROUP, INC.,
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Defendants.
/

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Plaintiff has failed to comply with the Court’s order to file an amended complaint.

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Accordingly, the action is DISMISSED without prejudice for failing to respond to the

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Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b). Because this dismissal

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is without prejudice, plaintiff may move to reopen the action. Any such motion must contain

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an amended complaint that addresses the deficiencies discussed in the order dismissing the

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complaint with leave to amend. Plaintiff’s motion to extend time (Docket No. 4) is

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DENIED. The Clerk shall terminate Docket No. 4, enter judgment in favor of defendants,

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and close the file.

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IT IS SO ORDERED.
DATED: April 1, 2014
RICHARD SEEBORG
United States District Judge

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No. C 13-5173 RS (PR)
ORDER OF DISMISSAL