Henry C Balanza et al v. Wells Fargo Bank NA et al

Filing 10

JUDGMENT AND ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE by Judge Jesus G. Bernal, Related to: Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines, 9 . (MD JS-6, Case Terminated). (mrgo)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 HENRY C. BALANZA, et
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al.,
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Plaintiffs, )
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v.
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WELLS FARGO BANK, N.A., )
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Defendants. )
17 ________________________

Case No. EDCV 13-01002-JGB
(OPx)
JUDGMENT AND ORDER
DISMISSING COMPLAINT WITHOUT
PREJUDICE

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On April 12, 2013, Plaintiffs Henry C. Balanza and

20 Merida G. Balanza ("Plaintiffs") filed a complaint
21 against Defendants Wells Fargo Bank N.A. ("Wells Fargo"),
22 NDEx West LLC ("NDEx") and fictitious entities
23 (collectively, "Defendants").

(Compl., Doc. No. 1.)

On

24 August 6, 2013, the Court granted Wells Fargo’s motion to
25 dismiss due to Plaintiffs’ failure to oppose. (Doc. No.
26 7.)

Wells Fargo was dismissed from the complaint without

27 prejudice on August 13, 2013. (Doc. No. 8.)
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Plaintiffs failed to file proof of service as to

2 Defendant NDEx within 120 days of filing the Complaint.
3 No answer or responsive pleading has been filed.

On

4 October 3, 2013, the Court issued and Order to Show Cause
5 by October 17, 2013 why the case should not be dismissed
6 for lack of prosecution as to NDEx.

(Doc. No. 9.)

The

7 Court put Plaintiffs on notice that failure to respond to
8 the order would be deemed consent to the dismissal of the
9 action.

(Id.)

As of the date of this Order, Plaintiffs

10 have not responded to the order to show cause, nor have
11 they filed a proof of service as to NDEx.
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Accordingly, the Court DISMISSES Plaintiffs'

13 Complaint WITHOUT PREJUDICE.

The Court orders that such

14 judgment be entered.
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12/13/13
Dated:

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JESUS G. BERNAL
United States District Judge

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