Rivera v. Wells Fargo Bank, N.A. et al

Filing 15

ORDER DISMISSING CASE. Signed by Judge Alsup on April 19, 2010. (whalc2, COURT STAFF) (Filed on 4/19/2010)

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1 2 3 4 5 6 7 8 9 10 NOEL RIVERA, Plaintiff, v. WELLS FARGO BANK, N.A., AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004, ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2004 WHQ2, BARCLAYS CAPITAL REAL ESTATE d/b/a HOMEQ SERVICING CORPORATION, OLD REPUBLIC DEFAULT MANAGEMENT SERVICES, ARGENT MORTGAGE COMPANY, LLC, THE HOME LOAN GROUP, and DOES 1100, Inclusive. Defendants. / ORDER DISMISSING CASE No. C 10-01050 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants Wells Fargo Bank, N.A., as trustee under pooling and servicing agreement dated as of November 1, 2004, asset-backed pass-through certificates series 2004 WHQ2, and Barclays Capital Real Estate d/b/a Homeq Servicing Corporation, filed a motion to dismiss plaintiff's complaint. Pursuant to Civil Local Rule 7-3, any brief in opposition to the motion was due on April 8, 2010, but no such opposition has been received. Plaintiff was ordered to respond by April 14, 2010, and show cause for his failure to respond to the motion in accordance with Civil Local Rule 7-3(a) or alternately to file a statement of nonopposition to the motion as required by Civil Local Rule 7-3(b). Yet again, the deadline has passed and plaintiff has not provided a response. 1 2 3 4 5 6 7 8 9 10 As described, plaintiff has repeatedly failed to respond in a timely fashion. Due to plaintiff's failure to prosecute, this action will be DISMISSED WITHOUT LEAVE TO AMEND. Judgment shall be entered. IT IS SO ORDERED. Dated: April 19, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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