Barboza v. Deutsche Bank Securities, Inc. et al

Filing 30

ORDER DENYING Defendants' 29 Application for Clerk's Entry of Default against Plaintiff and Directing Defendants' to File Motion to Dimiss Pursuant to Rule 41(b), Federal Rules of Civil Procedure for Failure to Comply with Court Order signed by Judge Oliver W. Wanger on 8/27/2010. (Figueroa, O)

Barboza v. Deutsche Bank Securities, Inc. et al

Doc. 30

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

JOSE LUIS BARBOZA,

Plaintiff, vs. DEUTSCHE BANK SECURITIES, INC., et al., Defendants.

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No. CV-F-10-559 OWW/DLB ORDER DENYING DEFENDANTS' APPLICATION FOR CLERK'S ENTRY OF DEFAULT AGAINST PLAINTIFF (Doc. 29) AND DIRECTING DEFENDANTS TO FILE MOTION TO DISMISS PURSUANT TO RULE 41(b), FEDERAL RULES OF CIVIL PROCEDURE FOR FAILURE TO TIMELY COMPLY WITH COURT ORDER

By Memorandum Decision filed on June 29, 2010 and Order 18 filed on July 6, 2010, Plaintiff's complaint was dismissed with 19 leave to amend. 20 On August 19, 2010, Defendants filed an Application for 21 Clerk's Entry of Judgment Against Plaintiff, seeking default 22 judgment against Plaintiff pursuant to Rule 58(b), Federal Rules 23 of Civil Procedure. 24 Defendants' Application for Clerk's Entry of Default 25 Judgment Against Plaintiff is DENIED. 26 1 Defendants shall file a Plaintiff has not filed an amended complaint.

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motion to dismiss the action pursuant to Rule 41(b), Federal Rules of Civil Procedure, for failure to timely comply with a court order, noticing the motion for hearing in accordance with the Court's law and motion practice. IT IS SO ORDERED. Dated: 668554 August 27, 2010 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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