Chopra v. Medical Board of California et al

Filing 58

ORDER DISMISSING PLAINTIFFS ACTION FOR FAILURE TO PROSECUTE AND DENYING AS MOOT DEFENDANTS #45 , #49 , and #51 MOTIONS TO DISMISS. Signed by Judge Claudia Wilken on 11/12/2010. (ndr, COURT STAFF) (Filed on 11/12/2010)

Chopra v. Medical Board of California et al

Doc. 58

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. REENA CHOPRA,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 09-05061 CW ORDER DISMISSING PLAINTIFF'S ACTION FOR FAILURE TO PROSECUTE AND DENYING AS MOOT DEFENDANTS' MOTIONS TO DISMISS (Docket Nos. 45, 49 and 51)

Plaintiff,

MEDICAL BOARD OF CALIFORNIA, et al., Defendants. /

On October 12, 2010, the Court warned Plaintiff Reena Chopra that, if she did not oppose Defendants' motions to dismiss by October 19, 2010, her case would be dismissed for failure to prosecute. On October 19, Plaintiff responded that she had not

received Defendants' motions,1 which she eventually obtained from the Clerk of the Court, and requested additional time to oppose them. The Court granted Plaintiff's request, directed her to

oppose Defendants' motions by November 9, 2010 and warned her that, if she did not do so, her action would be dismissed for failure to prosecute. Notwithstanding the Court's first warning, subsequent extension of time and second warning, Plaintiff failed to file any opposition to Defendants' motions. Accordingly, Plaintiff's action

is dismissed without prejudice for failure to prosecute.

Notably, Defendants' motions were accompanied by proofs of service, indicating that Plaintiff was served through United States Mail at the address listed in the Court's records. Plaintiff has received Court orders sent to this address.

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Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Defendants' motions to dismiss are DENIED as moot (Docket Nos. 45, 49 and 51). The Clerk shall close the file.

IT IS SO ORDERED.

Dated: 11/12/2010

CLAUDIA WILKEN United States District Judge

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Reena Chopra 644 Fulton St. #2 Redwood City, CA 94061 Dated: November 12, 2010 REENA CHOPRA, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV09-05061 CW CERTIFICATE OF SERVICE

MEDICAL BOARD OF CALIFORNIA 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 November 12, 2010, 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: Nikki Riley, Deputy Clerk

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