Quinlan et al v. CitiMortgage, Inc. et al

Filing 73

ORDER signed by Chief Judge Morrison C. England, Jr. on 8/7/2013 ORDERING that Defendant Nationwide Credit, Inc.'s 69 Ex Parte Application to Dismiss for Lack of Prosecution is GRANTED. IT IS FURTHER ORDERED that all of Plaintiffs' claims against Defendant Nationwide Credit, Inc. in this lawsuit are DISMISSED with prejudice in their entirety. (Zignago, K.)

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ERIC D. HOUSER (SBN 130079)
ELIZABETH DOLAN SCOTT (SBN 241376)
HOUSER & ALLISON, APC
9970 Research Drive
Irvine, California 92618
Tel: [phone]; Fax: [phone]
Email: [e-mail]
Attorneys for Defendant NATIONWIDE CREDIT, INC., a Georgia Corporation

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KAREN QUINLAN aka KAREN
BETZLER, an individual; BOB
BETZLER, an individual,
Plaintiffs,

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Case No. 2:11-cv-00986-MCE-EFB
Honorable Morrison C. England, Jr.
ORDER GRANTING EX PARTE
MOTION TO DISMISS FOR LACK OF
PROSECUTION

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v.

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CITIMORTGAGE, INC., a New York
Corporation; ALLIED INTERNATIONAL
CREDIT CORP., a Canadian Corporation;
NATIONWIDE CREDIT, INC., a Georgia
Corporation; PENTAGROUP FINANCIAL,
LLC, a Texas Limited Liability Corporation;
AMERICAN CORADIUS
INTERNATIONAL, LLC, a Delaware Limited
Liability Company; CITIFINANCIAL, INC., a
Maryland Corporation; CITIBANK
NATIONAL ASSOCIATION, a federallychartered National Bank,

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Defendants.

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On July 31, 2013 Defendant NATIONWIDE CREDIT, INC filed an Ex Parte Motion
to Dismiss Plaintiffs’ Third Amended Complaint as against Nationwide on grounds that
Plaintiffs failed to file a Fourth Amended Complaint realleging their sole remaining potential
claim against Nationwide, for Invasion of Privacy. By the terms of the Court’s Memorandum
and Order filed July 1, 2013, Plaintiffs’ claims against Nationwide for violations of the Federal
ORDER RE MOTION TO DISMISS
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Debt Collection Practices Act, 15 U.S.C. § 1692, et seq (as set forth in Plaintiffs’ First and

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Fifth Claims for Relief) and Plaintiff Quinlan’s claim for violations of the California Rosenthal

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Fair Debt Collection Practices Act, Cal. Civ Code § 1788, et seq., (Plaintiff’s Second Claim for

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Relief) were dismissed without leave to amend. Plaintiffs were, however, given leave to

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amend their Sixth Claim for Relief, for Invasion of Privacy. No amended complaint has been

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forthcoming despite the fact that well over 30 days have passed since the Court’s Order

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permitting amendment was issued.

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The Court, having read and considered Defendant’s Ex Parte Motion, and no opposition
having been made, hereby ORDERS as follows:

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GOOD CAUSE APPEARING, IT IS ORDERED that Defendant NATIONWIDE

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CREDIT, INC.’s Ex Parte Application to Dismiss for Lack of Prosecution (ECF No. 69) be

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granted.

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IT IS FURTHER ORDERED that all of Plaintiffs’ claims against Defendant

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NATIONWIDE CREDIT, INC. in this lawsuit are dismissed with prejudice in their entirety.

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Dated: August 7, 2013

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ORDER RE MOTION TO DISMISS
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