Moreno et al v. Guaranty Bank et al
Filing
17
ORDER OF DISMISSAL OF ENTIRE ACTION. Signed by Judge Jeffrey S. White on 12/3/10. (jjoS, COURT STAFF) (Filed on 12/3/2010)
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Moreno et al v. Guaranty Bank et al
Doc. 17
1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ANTHONY J. MORENO and PATRICIA C. MORENO, Plaintiffs, v. GUARANTY BANK, ROUNDPOINT MORTGAGE SERVICING CORPORATION, and DOES 1-100, inclusive, Defendants. / On November 9, 2010, this Court issued an order adopting the Report and Recommendation and dismissing defendant Roundpoint Mortgage Servicing Corporation ("Roundpoint") without leave to amend. In the same order, the Court noted that Plaintiffs had failed to prosecute this matter against both defendants and defendant Guaranty Mortgage Bank has failed to appear.1 Accordingly, Plaintiffs were ordered to show cause, in writing, why this case should not be dismissed in its entirety for failure to prosecute. The Court required that Plaintiffs' response to this Order to Show Cause be filed with the Court and served on Defendant Guaranty Mortgage Bank by no later than November 24, 2010. Plaintiffs were advised that failure to respond to the Order to Show Cause shall result in a dismissal of this action for failure to prosecute. The Court notes the representation from Defendant Roundpoint that "[a]s CoDefendant "Guaranty Bank is financially insolvent and under receivership from the FDIC [Federal Deposit Insurance Corporation], Defendant is unaware if Guaranty Bank has received or been served with the summons and Complaint in this Action." (Notice of Removal at 4.)
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No. C 10-03445 JSW
United States District Court
11
For the Northern District of California
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ORDER OF DISMISSAL OF ENTIRE ACTION
Dockets.Justia.com
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Having not received any response from Plaintiffs, the Court HEREBY DISMISSES this entire action. The Clerk may close the file.
IT IS SO ORDERED.
Dated: December 3, 2010
JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE
United States District Court
11
For the Northern District of California
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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
ANTHONY J MORENO et al, Plaintiff, v. GUARANTY BANK et al, Defendant. /
Case Number: CV10-03445 JSW CERTIFICATE OF SERVICE
United States District Court
11
For the Northern District of California
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 3, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.
Anthony J. Moreno 322 Oak Tree Drive Santa Rosa, CA 95401 Patricia C. Moreno 322 Oak Tree Drive Santa Rosa, CA 95401
Dated: December 3, 2010
Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk
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