Erazo v. Aurora Loan Services

Filing 31

ORDER FINAL DISMISSAL WITH PREJUDICE; Signed by Judge Marilyn Hall Patel on 6/26/2009. (Attachments: # 1 CertServ)(awb, COURT STAFF) (Filed on 6/30/2009)

1 2 3 4 5 6 7 8 9 10 v. AURORA LOAN SERVICES, and DOES 1 TO 20, inclusive, Defendants. / SANDRA ERAZO, Plaintiff, No. C 09-149 MHP ORDER re FINAL DISMISSAL WITH PREJUDICE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

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This court's order filed June 19, 2009, recites the litany of plaintiff's failures to appear in this action initiated by her, her appearance after issuance of an order to show cause and the instructions given to her and defendant about the refiling of a motion to dismiss and that plaintiff file her opposition to the motion on or before June 1, 2009. Plaintiff failed to comply and on June 19, 2009, no opposition having been filed, this court deemed the motion submitted on the papers, granted the motion and dismissed the complaint. Now plaintiff attempts to dismiss the complaint without prejudice, providing neither a stipulation of the parties nor seeking an order of the court. She merely files a Notice of Dismissal pursuant to "Rule 41(a)(1)". Plaintiff is too late. An order has already been entered granting the motion to dismiss. To make it further clear, the dismissal is with prejudice and the Clerk of Court shall "Unfile" plaintiff's Notice of Dismissal filed June 24, 2009, and merely stamp it as "Received". To reiterate, the complaint herein is DISMISSED IN ITS ENTIRETY WITH PREJUDICE. IT IS SO ORDERED. Dated: June 26, 2009

MARILYN HALL PATEL United States District Court Judge Northern District of California