Ritzenthaler et al v. Bank of America Corporation et al

Filing 34

ORDER that Defendants' 29 Motion to Dismiss is granted; the Clerk of the Court shall enter judgment in favor of Defendants and against Plaintiffs, with prejudice. IT IS FURTHER ORDERED that any other pending motions are denied as moot. Signed by Judge James A Teilborg on 8/10/2012.(LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jane Ritzenthaler; Richard Ritzenthaler, )
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Plaintiffs,
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vs.
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Bank of America; et al.,
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Defendants.
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No. CV 11-1500-PHX-JAT
ORDER

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On May 7, 2012, Defendants filed a motion to dismiss (Doc. 29). Plaintiffs failed to

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timely respond. After their time to respond expired, Plaintiffs moved for an extension of

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time. The Court granted that motion and issued the following Order:

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On May 7, 2012, Defendants filed a motion to dismiss this case. After the
deadline to respond expired, Plaintiffs move for an extension of time to
respond. The Court will grant the motion; however, if Plaintiffs fail to respond
within this deadline, the Court will summarily grant the motion and dismiss the
case for failure to prosecute and failure to comply with a court order. See
Federal Rule of Civil Procedure 41(b); Local Rule Civil 7.2(i); Ghazali v.
Moran, 46 F.3d 52, 53 (9th Cir. 1995). Therefore, IT IS ORDERED that the
30 motion for extension of time is granted. Plaintiffs shall respond to the
motion to dismiss by July 13, 2012.
Doc. 31.
Plaintiffs again failed to timely respond.1 As the Court previously cautioned, the

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Plaintiffs did ultimately file a late response and sought to amend the complaint for
the second time. Docs. 32 and 33.

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Court will summarily grant the motion to dismiss for failure to comply with a Court order.

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See Fed. R. Civ. Pro. 41(b). Accordingly,

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IT IS ORDERED that Defendants’ motion to dismiss (Doc. 29) is granted; the Clerk

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of the Court shall enter judgment in favor of Defendants and against Plaintiffs, with

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prejudice.

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IT IS FURTHER ORDERED that any other pending motions are denied as moot.

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DATED this 10th day of August, 2012.

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