Orthodontic Education Company v. Modjeski et al

Filing 7

ORDER DISMISSING CASE WITH PREJUDICE. Appellant has not complied with the show cause order as directed. Accordingly, this case is DISMISSED WITH PREJUDICE for lack of prosecution pursuant to Federal Rule of Civil Procedure 41(b). The Clerk shall close this file. Signed by Judge Edward J. Davila on 9/13/2011. (ejdlc1, COURT STAFF) (Filed on 9/13/2011)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 SAN JOSE DIVISION 5 NO. 5:10-cv-04685 EJD IN RE: ORTHODONTIC EDUCATION COMPANY, 6 ORDER DISMISSING CASE WITH PREJUDICE Debtor(s). 7 8 / ORTHODONTIC EDUCATION COMPANY, 9 Appellant(s), 10 CHRISTOPHER NORBERT MODJESKI, For the Northern District of California United States District Court v. 11 12 Defendant(s). 13 14 / On August 9, 2011, the court ordered Appellant Orthodontic Education Company to show 15 cause in writing why this case should not be dismissed for lack of prosecution after Appellant failed 16 to comply with Federal Rule of Bankruptcy Procedure 8006. See Docket Item No. 6. The court 17 admonished Appellant that the court would dismiss this action with prejudice should it fail to 18 respond or otherwise fail to show good cause. 19 As of this date, Appellant has not complied with the show cause order as directed. 20 Accordingly, this case is DISMISSED WITH PREJUDICE for lack of prosecution pursuant to 21 Federal Rule of Civil Procedure 41(b). The Clerk shall close this file. 22 IT IS SO ORDERED. 23 24 Dated: September 13, 2011 EDWARD J. DAVILA United States District Judge 25 26 27 28 1 Case No. 5:10-cv-04685 EJD ORDER DISMISSING CASE WITH PREJUDICE (EJDLC1)

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