Villanueva et al v. Akkaya, Inc. et al

Filing 36

ORDER by Magistrate Judge Howard R. Lloyd granting 32 defendants' Motion for Summary Judgment as to Plaintiff Rogelio Topete. Clerk to enter judgment and close the file. (hrllc2, COURT STAFF) (Filed on 5/18/2011) Modified on 5/18/2011 (hrllc2, COURT STAFF).

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*E-FILED 05-18-2011*

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

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No. C10-02342 HRL

RICARDO VILLANUEVA and ROGELIO
TOPETE,

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ORDER GRANTING DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT
AS TO PLAINTIFF ROGELIO TOPETE

Plaintiffs,
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v.
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AKKAYA, INC., dba RISTORANTE DON
GIOVANNI, JOHN AKKAYA, DOES 1-10,

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[Re: Docket No. 32]

Defendant.
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Defendants move for summary judgment as to the sole remaining plaintiff, Rogelio

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Topete. The basis for the motion is that Topete failed to respond to their requests for

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admission; and, by operation of Fed. R. Civ. P. 36, certain matters have been deemed admitted

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and the admissions are fatal to Topete’s claims. FED. R. CIV. P. 36(a)(3); Jensen Decl., Ex. A.

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Plaintiffs’ counsel having advised that no opposition will be filed, defendants’ motion for

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summary judgment is granted.1 There being no viable claims remaining in this case, the clerk

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shall enter judgment accordingly and close the file.
SO ORDERED.

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Dated:

May 18, 2011
HOWARD R. LLOYD

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UNITED STATES MAGISTRATE JUDGE

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At the motion hearing, plaintiffs’ counsel agreed that Topete’s claims are, in
any event, subject to dismissal for failure to prosecute. See FED. R. CIV. P. 41.
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5:10-cv-02342-HRL Notice has been electronically mailed to:

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Adam Wang

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Adam Lee Pedersen

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Matthew James Jensen

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

[e-mail], [e-mail], [e-mail]
[e-mail]
[e-mail]

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For the Northern District of California

United States District Court

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