Mira et al v. GMAC Mortgage

Filing 14

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 12/3/2010. (Attachments: # 1 Judgment)(rslc3, COURT STAFF) (Filed on 12/3/2010)

Mira et al v. GMAC Mortgage

Doc. 14

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*E-Filed 12/3/10*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ALFONSO MIRA, et al., Plaintiffs, No. C 10-3394 RS ORDER OF DISMISSAL

United States District Court

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For the Northern District of California

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v.

GMAC MORTGAGE, et al., Defendants. ____________________________________/ On October 13, 2010, this Court dismissed plaintiffs' Complaint in its entirety for failure to plead a claim for relief. Save for plaintiffs' sixth claim, the Miras were afforded leave to amend. In the interest of managing its civil docket, the Court imposed a filing deadline of thirty days. The Miras were warned that failure to file an amended complaint in a timely fashion would result in dismissal with prejudice on the merits (consistent with the analysis set forth in the October 13 Order), and dismissal on the additional ground of failure to prosecute. The Order explained that the Court would also be obligated to grant defendant's motion to expunge plaintiffs' lis pendens in the event it dismissed plaintiffs' real property claims with prejudice. The filing deadline has passed, and yet the Miras have neither filed an amended complaint nor any documents that might suggest some intent to participate in this litigation. Accordingly, the
NO. C 10-3394 RS ORDER

Dockets.Justia.com

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Mira's claims shall be dismissed with prejudice and defendant's motion to expunge the lis pendens shall be granted. All hearing dates are vacated. IT IS SO ORDERED.

Dated: 12/3/2010 RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

United States District Court

11
For the Northern District of California

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NO. C 10-3394 RS ORDER

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