United States District Court, N.D. California, San Jose Division
November 15, 2005.
Fidelia Orozco, Plaintiff(s),
Sherman Acquisition Limited Partnership, Defendant(s).
The opinion of the court was delivered by: JAMES WARE, District Judge
ORDER OF DISMISSAL
On June 22, 2005, Plaintiff filed an "Acceptance of Defendant
Sherman Acquisition Limited Partnership's Rule 68 Offer of
Judgment." On September 21, 2005, the Court issued an Order
Setting Deadline for Filing Rule 68 Offer and Stipulated Proposed
Judgment. The Order directed Plaintiff as follows:
Rule 68, Fed.R.Civ.P., requires the parties to file
the Rule 68 offer and notice together so that a final
judgment may be entered accordingly. Therefore,
Plaintiff is hereby ordered to file the offer,
notice, and stipulated proposed judgment no later
than October 21, 2005. If Plaintiff fails to do so by
October 21, 2005, the Court will dismiss the action
pursuant to Rule 41(b), Fed.R.Civ.P.
Since that time, however, Plaintiff has not filed the offer,
notice, and stipulated proposed judgment. Therefore, the Court
dismisses the action pursuant to Rule 41(b), Fed.R.Civ.P.
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