In Re El Veasta Lampley et al

Filing 11

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS by Judge Andrew J. Guilford. (See document for details). Accordingly, the Court GRANTS the Motion 8 without leave to amend. (Made JS-6: Case terminated). (wr)

JS-6

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No.

SACV 09-0872 AG

Date

November 16, 2009

Title

EL VEASTA LAMPLEY v. AMERICAN SERVICING COMPANY

Present: The Honorable

ANDREW J. GUILFORD Not Present Court Reporter / Recorder Tape No.

Lisa Bredahl Deputy Clerk Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Proceedings:

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

Defendant Wells Fargo Bank ("Defendant") has filed a Motion to Dismiss ("Motion"). The Bankruptcy Court previously granted Defendant's earlier motion to dismiss the Second Amended Complaint of Plaintiff El Veasta Lampley ("Plaintiff"). The Bankruptcy Court ordered Plaintiff to file a third amended complaint thirty days from receipt of notice that the adversary action was received by the District Court. On August 7, 2009, this Court notified the parties that it received the adversary action from the Bankruptcy Court. Thus, Plaintiff's third amended complaint was due to be filed by September 6, 2009. To this date, Plaintiff has not filed a third amended complaint. Further, Plaintiff has not opposed this Motion. Accordingly, the Court GRANTS the Motion without leave to amend. See Fed. R. Civ. P. 41(b) ("If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) . . . operates as an adjudication on the merits.").
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