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BARRERA v. LEGATO SYSTEMS INC.

United States District Court, Northern District of California


March 31, 2003

JOHN BARRERA, PLAINTIFF,
v.
LEGATO SYSTEMS INC. ET AL., DEFENDANTS

The opinion of the court was delivered by: Charles R. Breyer, United States District Judge.

ORDER OF DISMISSAL

On February 24, 2003, the Magistrate Judge to whom this case was previously assigned issued an order to show cause why this case should not be dismissed. It had come to the court's attention that there has been no activity in this case since plaintiff filed a proof of service of the complaint on defendants on March 8, 2000. It appears that this case may have been intended to be consolidated with Limond v. Legato Systems Inc., et al., C00-20073 JF, Latham v. Legato Systems Inc., et al., C00-20105 JF, and with numerous other cases. Those other cases were settled and dismissed as of July 29, 2002. Thus, the court issued an order to show cause by March 14, 2003, why this case should not be dismissed for lack of prosecution. As of March 21, 2003, the court had not received any response from plaintiff. Based on plaintiffs failure to respond to the order to show cause, the file herein, and the files of the aforementioned cases, the court ordered that this case be reassigned to a District Court Judge. The court also recommended that the District Court dismiss this case for failure to prosecute for the reasons set forth above.

Accordingly, this action is hereby DISMISSED for a failure to prosecute.

IT IS SO ORDERED.

20030331

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