Garcia, et al v. Allstate Insurance

Filing 20

ORDER CLOSING CASE for Failure to File Amended Complaint signed by District Judge Anthony W. Ishii on 11/20/2012. CASE CLOSED. (Jessen, A)

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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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ALLSTATE INSURANCE,
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Defendant.
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____________________________________)
EFRAIN GARCIA, et al.,

1:12-CV-609 AWI SKO
ORDER CLOSING CASE

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On October 17, 2012, the Court adopted a Findings and Recommendation that dismissed

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without prejudice to amendment Plaintiff’s complaint. See Doc. No. 18. Plaintiffs were given

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twenty-one days in which to file an amended complaint. See id. The Plaintiffs were warned that,

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if they fail “to file a timely amended complaint, leave to amend will be withdrawn and this case

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will be closed without further notice.” Id.

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As of the date of this order, Plaintiffs have failed to file an amended complaint. Since

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Plaintiffs have failed to file an amended complaint, there are no viable causes of action left

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against in the operative complaint. Because the operative complaint contains no viable claims

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and the time to file an amended complaint has passed, the Court can only conclude that Plaintiffs

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no longer wish to pursue this matter. As per its prior order, the Court withdraws leave to amend

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and will close this case.

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Accordingly, IT IS HEREBY ORDERED that, because Plaintiffs have failed to file an

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amended complaint as ordered, the Clerk shall CLOSE this case.

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IT IS SO ORDERED.

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Dated:
0m8i78

November 20, 2012
UNITED STATES DISTRICT JUDGE