Fisher v. City of Pittsburg California et al

Filing 105

ORDER DISMISSING CASE. Signed by Judge Claudia Wilken on 1/26/09. (scc, COURT STAFF) (Filed on 1/26/2009)

1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On December 18, 2008, the Court issued an Order Setting Case Management Conference wherein the Court set a case management conference for January 13, 2009. The Plaintiff was warned in the v. CITY OF PITTSBURG CALIFORNIA, et al., Defendant. / RICHARD FISHER, Plaintiff, No. 05-02774 CW ORDER OF DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Order that failure to appear at the case management conference would result in dismissal of this case for failure to prosecute. The Order was mailed to the Plaintiff on December 29, 2008, at the address filed with the Court by Plaintiff on December 24, 2008. The case management conference was held on January 13, 2009, in the above-captioned case. No appearance was made by Plaintiff.

The Court issued an Order Re Failure to Appear in which the Plaintiff was ordered to appear at a settlement conference on January 22, 2009, before Magistrate Judge Nandor Vadas which was previously set by the Magistrate Judge by Notice and Order Setting Further Settlement Conference filed on January 7, 2009, and mailed to the Plaintiff at his address of record. Failure by Plaintiff to

appear at the settlement conference would result in dismissal of

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this case for failure to prosecute.

On January 22, 2009, a

settlement conference was held before Magistrate Judge Nandor Vadas. Owen Rooney appeared for Defendants. Accordingly, No appearance was

made by Plaintiff.

IT IS HEREBY ORDERED that the above-captioned case is dismissed without prejudice for failure to prosecute.

1/26/09 Dated CLAUDIA WILKEN United States District Judge

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Richard F. Fisher 820 23rd St. Richmond, CA 94804 Dated: January 26, 2009 FISHER, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV05-02774 CW CERTIFICATE OF SERVICE

CITY OF PITTSBURG CALIFORNIA ET AL et al, Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on January 26, 2009, 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 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.

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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