Munday v. Bank of America, NA et al

Filing 26

ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/17 ORDERING that Within 21 days of this order, Plaintiff shall pay the Clerk of Court $100.00 in monetary sanctions based on her failure to comply with court orders and failure to prosecute the case. Within 21 days, Plaintiff shall file a first Amended Complaint in compliance with the court's 10/31/17 order.(Mena-Sanchez, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

BERTA MUNDAY,

12

Plaintiff,

13
14

No. 2:17-cv-1216-KJM-KJN PS

v.

ORDER

BANK OF AMERICA, NA, et al.,

15
Defendants.

16
17
18

On October 31, 2017, the court granted defendant Chase’s motion to dismiss and

19

dismissed plaintiff’s complaint, but with leave to amend. (ECF No. 25.) Plaintiff was ordered,

20

within 28 days, to file either a first amended complaint or a request for voluntary dismissal of the

21

action without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Id.)

22

Plaintiff was also expressly cautioned that failure to timely comply with the court’s order may

23

result in dismissal of the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b).

24

(Id.)

25

Although the applicable deadline has now long passed, plaintiff failed to file either a first

26

amended complaint or a request for voluntary dismissal of the action. The court has considered

27

whether the action should be dismissed at this juncture. Nevertheless, in light of plaintiff’s pro se

28

status and the court’s desire to resolve the action on the merits, the court first imposes lesser
1

1

monetary sanctions and provides plaintiff with one additional, final opportunity to file an

2

amended complaint.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. Within 21 days of this order, plaintiff shall pay the Clerk of Court $100.00 in

5

monetary sanctions based on her failure to comply with court orders and failure to

6

prosecute the case.

7
8

2. Within 21 days, plaintiff shall file a first amended complaint in compliance with the
court’s October 31, 2017 order.

9

3. Alternatively, and in lieu of paying the sanctions and filing a first amended complaint,

10

plaintiff may file a request for voluntary dismissal of the action without prejudice

11

within 21 days of this order.

12
13
14

4. Failure to timely comply with this order will result in dismissal of the action with
prejudice pursuant to Federal Rule of Civil Procedure 41(b).
Dated: December 12, 2017

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2