Guzman et al v. Old Republic Default Management Services et al

Filing 19

ORDER by Judge Thelton E. Henderson granting 5 Motion to Dismiss. (tehlc4, COURT STAFF) (Filed on 4/14/2009)

1 2 3 4 5 6 7 8 9 10 ALEJANDRO GUZMAN and MARIA AGUILAR, Plaintiffs, v. OLD REPUBLIC DEFAULT MANAGEMENT SERVICES et al., Defendants. On March 13, 2009, the Court issued an order to show cause in this matter, in which NO. C 09-215 TEH ORDER DISMISSING WITHOUT PREJUDICE FOR THE NORTHERN DISTRICT OF CALIFORNIA IN THE UNITED STATES DISTRICT COURT

United States District Court

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For the Northern District of California

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16 the Court ordered Plaintiffs Alejandro Guzman and Maria Aguilar to "either appear pro se on 17 their own behalf, or to have a new lawyer file a notice of appearance and show cause why the 18 case should not be dismissed for failure to oppose the motion." The Court stated that 19 "[f]ailure to appear at this hearing, or to send counsel, shall result in the dismissal of the 20 case." 21 Neither Plaintiffs nor their lawyer appeared at the hearing the Court held on April 13, 22 2009. Plaintiffs have likewise failed to oppose Defendant's motion to dismiss or to file a 23 statement of nonopposition. Under Federal Rule of Civil Procedure 41(b), the Court may 24 dismiss a case for failure to prosecute or failure to comply with a court order. Accordingly, 25 and good cause appearing, as neither of the Guzmans nor their attorney appeared at the Order 26 27 28

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to Show Cause hearing on April 13, 2009, the matter is hereby dismissed without prejudice.

4 IT IS SO ORDERED. 5 6 Dated: April 14, 2009 7 8 9 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

United States District Court

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For the Northern District of California

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