Lipscomb et al v. Mortgage Electronic Registration Systems, Inc. et al

Filing 16

ORDER CLOSING CASE, signed by Chief Judge Anthony W. Ishii on 8/18/11. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiffs,
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v.
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MORTGAGE ELECTRONIC
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REGISTRATION SYSTEM, INC., et al., )
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Defendants.
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____________________________________)
FREDERICK R. LIPSCOMB and
ROILYNEE M. LIPSCOMB,

1:11-CV-497 AWI JLT
ORDER CLOSING CASE

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On August 3, 2011, after identifying numerous deficiencies in the complaint, the Court
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granted Defendants’ motion to dismiss and dismissed the entirety of the active complaint.
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See Court’s Docket Doc. No. 15. The Court granted Plaintiffs leave to file an amended
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complaint within ten (10) days of service of the order. See id. The Court warned Plaintiffs that
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the failure to timely file an amended complaint would result in the Court closing the case without
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further notice. See id. Despite this warning, as of the date of this order, Plaintiffs have yet to file
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an amended complaint.
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The Court takes Plaintiffs’ failure to comply with the August 3 order, and the failure to
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heed the warning regarding termination of the case, as Plaintiffs’ decision to discontinue
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prosecution of this matter. The Plaintiffs’ failure to file an amended complaint prevents this case
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from proceeding because the operative complaint contains no viable claims against any
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defendant, and the time to file an amended complaint has now passed. Therefore, it is
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appropriate to close this case.
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Accordingly, IT IS HEREBY ORDERED that, due to Plaintiffs’ failure to file an

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amended complaint as previously instructed, leave to amend as previously granted in the August

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3, 2011 order on Defendants’ motion to dismiss is WITHDRAWN, and the Clerk shall CLOSE

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this case.

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IT IS SO ORDERED.

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Dated:
0m8i78

August 18, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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