Dean Rabbitt v. Bank of America NA et al

Filing 10

ORDER DISMISSING ACTION WITHOUT PREJUDICE by Judge Fernando M. Olguin. (vdr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DEAN RABBITT,
Plaintiff,

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v.

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BANK OF AMERICA, N.A., et al.,
Defendants.
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Case No. ED CV 17-0280 FMO (KKx)

ORDER DISMISSING ACTION WITHOUT
PREJUDICE

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On February 15, 2017, plaintiff Dean Rabbit (“plaintiff”) filed a complaint against several

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defendants asserting state-law claims arising from the foreclosure of his property. (See Dkt. 1,

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Complaint). Subject matter jurisdiction was predicated on diversity of citizenship pursuant to 28

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U.S.C. § 1332. (See id. at p. 2). On March 31, 2017, the court issued an ordering requiring

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plaintiff to show cause no later than March 23, 2017, why this matter should not be dismissed for

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lack of subject matter jurisdiction. (See Dkt. 9, Court’s Order of March 13, 2017 (“OSC”)). Plaintiff

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was cautioned that “[f]ailure to respond to this order to show cause by the deadline set forth above

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shall be deemed as consent to the dismissal of the action without prejudice for failure to prosecute

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and/or failure to comply with a court order. See Fed. R. Civ. P. 41(b); Link v. Wabash R. Co., 370

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U.S. 626, 629-30, 82 S.Ct. 1386, 1388 (1962).” As of the filing date of this Order, no response to

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the OSC has been filed. Accordingly, IT IS ORDERED that the above-captioned case is

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dismissed, without prejudice, for lack of prosecution and failure to comply with the orders of the

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court. See Fed. R. Civ. P. 41(b); Link, 370 U.S. at 629-30, 82 S.Ct. at 1388.

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Dated this 31st day of March, 2017.

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/s/____________
Fernando M. Olguin
United States District Judge

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