Case3:10-cv-03851-SI Document40

Filed03/21/11 Page1 of 1

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CHRISTINA A. DiEDOARDO California Bar No. 258714 Nevada Bar No. 9543 LAW OFFICES OF CHRISTINA DiEDOARDO 201 Spear Street Suite 1100 San Francisco, CA 94105 (415) 839-5098 Christina@diedoardolaw.com Attorney for Doe Defendant 4 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) Case No.: 10-3851 (SI) ) ) Request for Dismissal Plaintiff, ) ) vs. ) ) DOE No. 4. ) ) Defendant. ) ) ) REQUEST FOR DISMISSAL BASED ON PLAINTIFFS FAILURE TO SERVE DOE NO. 4 BY MARCH 18, 2011 IO GROUP At the March 11, 2011 Case Management Conference, the Court ordered Plaintiff to serve Defendant Doe No 4 by March 18, 2011 or to dismiss the case and further held that if neither of these things occurred by the above-referenced deadline that it would dismiss the case

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without prejudice. See Dkt. 39.

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Since Plaintiff has failed to serve Mr. Doe No. 4 by March 18, 2011, Mr. Doe No. 4, by
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and through his attorney of record Christina A. DiEdoardo respectfully requests that this Court DISMISS the case forthwith as it indicated it would on March 11, 2011. Respectfully submitted this 21st day of March, 2011 /S/Christina A. DiEdoardo Christina A.DiEdoardo California Bar No. 258714

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