Hale et al v. World Savings Bank et al

Filing 20

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge John F. Moulds on 1/11/13 VACATING 18 Order setting an initial scheduling conference and RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days after being served with these findings and recommendations. (Meuleman, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT H. HALE, et al., Plaintiff, 11 12 13 14 No. 2: 12-cv-1462 GEB JFM (PS) vs. WORLD SAVINGS BANK, et al., Defendants. ORDER AND FINDINGS AND RECOMMENDATIONS 15 / 16 17 By order filed November 6, 2012, plaintiffs’ complaint was dismissed and 18 plaintiff was given twenty-one (21) days to file an amended complaint. The twenty-one day 19 period has now expired, and plaintiffs have not filed an amended complaint or otherwise 20 responded to the court’s order. 21 22 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the order setting an initial scheduling conference for January 17, 2013 (Dkt. No. 18.) is VACATED. Furthermore, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 1 1 days after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 4 shall be served and filed within fourteen days after service of the objections. The parties are 5 advised that failure to file objections within the specified time may waive the right to appeal the 6 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 7 DATED: January 11, 2013. 8 9 10 11 12 14 hale1462.fta 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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