Serapio Lumauig et al v. The Bank of New York Mellon as Trustee for the Certificate Holders of the CWALT Inc Alternative Loan Trust 2007-HY3 et al

Filing 5

(IN CHAMBERS) ORDER by Judge Cormac J. Carney, DISMISSING CASE FOR FAILURETO PROSECUTE. Plaintiffs were required to file an opposition to the Courts Order by April 22, 2013, yet failed to respond. Accordingly, the Court DISMISSES Plaintiffs action for their failure to prosecute and comply with the Courts April 8, 2013 Order. Case Terminated. Made JS-6. (rla)

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 13-00514-CJC(ANx)

Date: April 23, 2013

Title: SERAPIO LUMAUIG, ET AL. v. BANK OF NEW YORK MELLON, ET AL.

PRESENT:
HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
Michelle Urie
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

None Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

None Present

PROCEEDINGS: (IN CHAMBERS) ORDER DISMISSING CASE FOR FAILURE
TO PROSECUTE
On April 1, 2013, plaintiffs Serapio Lumauig and Consolacion Lumauig (together,
“Plaintiffs”) filed this action against defendant The Bank of New York Mellon as
Trustee, etc., et al., asserting several causes of action related to the property at 12686
Lanakila Lane, Garden Grove, CA 92841. After reviewing the Complaint, the Court was
concerned that Plaintiffs failed to state a claim upon which relief could be granted.
Specifically, the Court was concerned that Plaintiffs’ claims were based on theories that
had been consistently rejected by other courts or were not pleaded with the requisite
specificity. Accordingly, on April 8, 2013, the Court issued an order to show cause why
the case should not be dismissed for failure to state a claim. (Dkt. No. 4.) Plaintiffs were
required to file an opposition to the Court’s Order by April 22, 2013, yet failed to
respond. Accordingly, the Court DISMISSES Plaintiffs’ action for their failure to
prosecute and comply with the Court’s April 8, 2013 Order.

mtg
MINUTES FORM 11
CIVIL-GEN

Initials of Deputy Clerk MU