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OROZCO v. SHERMAN ACQUISITION LIMITED PARTNERSHIP

United States District Court, N.D. California, San Jose Division


November 15, 2005.

Fidelia Orozco, Plaintiff(s),
v.
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.

20051115

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