Charlotte Myers v. Wells Fargo Financial et al

Filing 13

ORDER by Judge Gary A. Feess remanding case to Riverside County Superior Court, Case number RIC10001792. Plaintiff has failed to file an amended complaint or proceed further in this action. Plaintiffs federal claims are therefore DISMISSED. As this action no long presents a federal question, Plaintiffs state laws claims are hereby REMANDED to Riverside County Superior Court pursuant to 28 U.S.C. § 1367(c). Case Terminated. Made JS-6. (rrey)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL

Case No. Title

CV 10-0620 GAF (SSx)

Date

August 10, 2010

Charlotte Myers v. Wells Fargo Financial et al

Present: The Honorable Renee Fisher Deputy Clerk

GARY ALLEN FEESS
None Court Reporter / Recorder None N/A Tape No.

Attorneys Present for Plaintiffs: None Proceedings: (In Chambers)

Attorneys Present for Defendants:

ORDER REMANDING CASE On May 4, 2010, defendant Wells Fargo Bank, N.A. ("Wells Fargo") moved to dismiss Plaintiff's complaint. (Docket No. 5.) Despite receiving notice of the motion (id. [Proof of Service].), Plaintiff failed to file any form of opposition. (See Docket No. 11.) Nevertheless, in the interest of creating a complete record, the Court addressed the merits of Wells Fargo's dismissal motion. The Court granted the motion as to Plaintiff's federal claims, but provided her with leave to amend her claim for damages under the Truth in Lending Act. (Docket No. 12.) The Court specifically indicated that Plaintiff's failure to amend her complaint by June 21, 2010, would be deemed consent to dismissal of the claim with prejudice. (Id.) To date, Plaintiff has failed to file an amended complaint or proceed further in this action. Plaintiff's federal claims are therefore DISMISSED. As this action no long presents a federal question, Plaintiff's state laws claims are hereby REMANDED to Riverside County Superior Court pursuant to 28 U.S.C. § 1367(c). IT IS SO ORDERED.

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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