Segura v. Green Tree Servicing, LLC, et al

Filing 17

ORDER on CLOSING CASE signed by Chief Judge Anthony W. Ishii on 7/8/2011. CASE CLOSED. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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GREEN TREE SERVICING, LLC, a
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limited liability company; KONDAUR
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CAPITAL CORPORATION, a California)
corporation; and DOES 1 through 10,
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inclusive,
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Defendants.
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____________________________________)
HELEN SEGURA,
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1:11-cv-634 AWI SMS
ORDER ON CLOSING CASE
(Doc. No. 16)

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On June 17, 2011, after identifying numerous deficiencies in the complaint, the Court

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granted Defendants’ motions to dismiss and dismissed the entirety of the active complaint.

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See Court’s Docket Doc. No. 16. The Court granted Plaintiff leave to file an amended complaint

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within fourteen (14) days of service of the order. See id. The Court warned Plaintiff that the

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failure to timely file an amended complaint would result in the Court withdrawing leave to

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amend and ordering termination of the case without further notice. See id. Despite this warning,

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as of the date of this order, Plaintiff has yet to file an amended complaint. The Court takes

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Plaintiff’s failure to comply with the June 17 order, and the failure to heed the warning regarding

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termination of the case, as Plaintiff’s decision to discontinue prosecution of this matter. The

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Plaintiff’s failure to file an amended complaint prevents this case from proceeding because the

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operative complaint contains no viable claims against any defendant and the time to file an

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amended complaint has passed. Therefore, it is appropriate to close this case.

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Accordingly, IT IS HEREBY ORDERED that, due to Plaintiff’s failure to file an

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amended complaint as previously instructed, leave to amend as previously granted in the June 17,

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2011 order on Defendants’ motions 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

July 8, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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