CHATTERJEE v. SCHOOL DIST OF PHILADELPHIA, (E.D.Pa. 2003)

M. FAITH ANGELL, Magistrate Judge

AND NOW, this 21st day of August, 2003, WHEREAS: Plaintiff having failed to appear before me for a Court-ordered conference/hearing with counsel in the above-captioned Chatterjee v. School District of Philadelphia, Civil Action No. 99-4122, scheduled for August 21, 2003 (Docket Entry No. 53), and

1. The remaining claims in Civil Action No. 99-4122 being: 1) plaintiff's claims of discrimination under Title VII of the Civil Rights Act of 1964, and 2) plaintiff's claim under the Consolidated Omnibus Budget Reconciliation Act, both against Defendant School District of Philadelphia;

2. The scheduled conference/hearing was scheduled in order to discuss the status of the case and how best to proceed towards its resolution;

IT IS HEREBY ORDERED BY THE COURT that the parties shall appear on September 23, 2003, at 2:00 p.m. to show cause as to why Civil Action No. 99-4122 should not be dismissed, pursuant to Federal Rules of Civil Procedure 37(b)(2) and 16(f). Failure to appear may result in dismissal, without prejudice under Local Civil Rule 41.1. The Hearing shall take place in Courtroom 3H, United States Courthouse, 601 Market Street, Philadelphia, Pennsylvania 19106.

AND WHEREAS, Plaintiff having failed to appear before me for the above-mentioned conference/hearing for pretrial discovery in Civil Action No. 01-5626, consolidated with Civil Action No. 99-4122 and

1. The remaining claims in Civil Action No. 01-5626 being: 1) the portion of Count 7 of the Complaint that alleges a Title VII violation against the Mathematics, Civics and Sciences Charter School of Philadelphia ("MCSCS"); 2) the portion of Count 7 alleging a violation of 42 U.S.C. § 1981 against both the School District of Philadelphia ("SDP") and MCSCS; 3) Count 8 alleging intentional infliction of emotional distress against both SDP and MCSCS;

IT IS FURTHER ORDERED BY THE COURT that this action, Chatterjee v. The Mathematics, Civics and Sciences Charter School of Philadelphia, Inc., et al., 01-55626, shall be removed from my docket and returned to the calendar of the Honorable Louis H. Pollak.