Mazzamuto v. Wachovia Mortgage et al

Filing 18

ORDER DISMISSING CASE FOR WANT OF PROSECUTION. Signed by Judge Alsup on September 15, 2010. (whalc1, COURT STAFF) (Filed on 9/15/2010)

Mazzamuto v. Wachovia Mortgage et al

Doc. 18

1 2 3 4 5 6 7 8 9 10 v. WACHOVIA, NDEX WEST, LLC, and DOES 1 to 10, inclusive, Defendants. / JAMES MAZZAMUTO, Plaintiff, ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE No. C 10-02851 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

Following re-assignment of this action to the undersigned judge, defendant Wachovia Mortgage (sued herein as "Wachovia"), a division of Wells Fargo Bank, N.A., re-noticed a motion to dismiss and motion to strike for a hearing on September 23 (Dkt. No. 12). The motions and re-noticed hearing date were all properly served on plaintiff's counsel of record (Dkt. Nos. 5, 6, 13). Under the civil local rules, plaintiff was required to file opposition briefs to the pending motions by September 2. No opposition briefs were filed. On September 3, plaintiff was ordered to show cause why the action should not be dismissed for failure to prosecute. No response to the order to show cause was filed. Since plaintiff -- after being clearly warned that dismissal was imminent -- has failed to respond to court orders or file an opposition to the pending motion to dismiss, this action is DISMISSED for failure to prosecute. THE CLERK SHALL CLOSE THE FILE.

IT IS SO ORDERED.

Dated: September 15, 2010.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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