Yared et al v. America's Servicing Company et al

Filing 22

ORDER dismissing case. Signed by Judge Thelton E. Henderson on 10/19/10. (tehlc2, COURT STAFF) (Filed on 10/19/2010)

Yared et al v. America's Servicing Company et al

Doc. 22

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JOEL YARED and NARISA YARED, Plaintiffs, NO. C10-2742 TEH ORDER DISMISSING CASE

AMERICA'S SERVICING CO., et al., Defendants.

United States District Court

11
For the Northern District of California

This case was reassigned to this Court following the filing of a report and

12 recommendation by Chief Magistrate Judge Maria-Elena James on September 30, 2010. No 13 objections to the report and recommendation have been received, and the period for filing 14 such objections has now expired.1 See Fed. R. Civ. P. 72(b)(2) (allowing fourteen-day period 15 for filing objections). The Court has reviewed the report and recommendation and the record 16 in this case, and it agrees with Judge James's recommendation that this case be dismissed for 17 failure to prosecute and failure to comply with the Court's deadlines and orders. 18 Accordingly, with good cause appearing, this case is DISMISSED, and the Clerk shall close 19 the file. 20 21 IT IS SO ORDERED. 22 23 Dated: 10/19/10 24 25 26
1 Plaintiffs filed a notice of bankruptcy on October 13, 2010, but have not suggested 27 that this action must be stayed. Moreover, the automatic stay pending bankruptcy proceedings appears to apply only to actions brought against debtors or their property, not 28 actions filed by debtors against other parties. See 11 U.S.C. § 362.

THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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