Douglas W Froehlke v. Homecomings Financial Network Inc et al

Filing 30

JUDGMENT AND ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE by Judge Jesus G. Bernal: (see document image for specifics). Accordingly, the Court DISMISSES Homecomings from Plaintiff's Complaint WITHOUT PREJUDICE. Since no Defendants remain in this action, the Complaint is DISMISSED WITHOUT PREJUDICE, and the Clerk shall close the file. The Court orders that such judgment be entered. (MD JS-6, Case Terminated). (ad)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 DOUGLAS W. FROEHLKE,
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Plaintiff, )
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v.
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HOMECOMINGS FINANCIAL
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NETWORK, INC., et al., )
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Defendants. )
________________________ )

Case No. EDCV 13-01868-JGB
(DTBx)
JUDGMENT AND ORDER
DISMISSING COMPLAINT WITHOUT
PREJUDICE

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On October 15, 2013, Plaintiff Douglas W. Froehlke
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filed his Complaint against Defendants Bank of America,
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NA, ReconTrust Company, NA, and Homecomings Financial
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Network, Inc.

(Doc. No. 1.)

Along with the

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Complaint, Plaintiff moved for a temporary injunction,
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which Defendants Bank of America, NA and ReconTrust
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Company, NA opposed on November 4, 2013. (Doc. Nos. 5-6.)
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Bank of America, NA and ReconTrust Company, NA also moved
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to dismiss on November 8, 2013. (Doc. No. 12.) The Court
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denied Plaintiff’s motion for a temporary injunction,
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granted the motion to dismiss, and dismissed Bank of
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America, NA and ReconTrust Company, NA from the

1 action without prejudice on December 4, 2013. (Doc. No.
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Judgment dismissing these two Defendants without

3 prejudice was entered on April 1, 2014.
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(Doc. No. 26.)

No proof of service is on file for Defendant

5 Homecomings Financial Network, Inc. (“Homecomings”), and
6 it has not appeared in this action.

On April 1, 2014,

7 the Court issued an order to show cause why the case
8 should not be dismissed as to the remaining Defendant
9 Homecomings for lack of prosecution.

(Doc. No. 27.)

The

10 Court put Plaintiff on notice that failure to respond to
11 the order would be deemed consent to the dismissal of the
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(Id.)

As of the date of this Order, Plaintiff has not

14 responded to the order to show cause, nor has he filed
15 proof of service as to Homecomings.

Plaintiff has not

16 filed anything in this action since January 27, 2014.
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Accordingly, the Court DISMISSES Homecomings from

19 Plaintiff's Complaint WITHOUT PREJUDICE.

Since no

20 Defendants remain in this action, the Complaint is
21 DISMISSED WITHOUT PREJUDICE, and the Clerk shall close
22 the file.

The Court orders that such judgment be

23 entered.
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May 15, 2014
Dated:

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JESUS G. BERNAL
United States District Judge

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