Mendenhall et al v. JP Morgan Chase Bank, National Association et al

Filing 53

ORDER DISMISSING ACTION. Signed by Judge Maxine M. Chesney on May 18, 2011. (mmclc1, COURT STAFF) (Filed on 5/18/2011)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

10
11

ELAINE MENDENHALL and JOHN
MENDENHALL, III,

No. C-10-5302 MMC
ORDER DISMISSING ACTION

12
Plaintiffs,

13
v.

14
15

JP MORGAN CHASE BANK, et al.,

16

Defendants.

17

/

18
19
By order filed April 25, 2011, the Court granted defendant WCS Lending, LLC’s

20
21

(“WCS”) motion to dismiss plaintiff’s First Amended Complaint (“FAC”) and granted

22

defendants JPMorgan Chase Bank, N.A. (“JPMorgan”) and Chase Home Finance LLC’s

23

(“Chase”) motion to dismiss the FAC. In so doing, the Court afforded plaintiffs leave to

24

amend their claims against WCS, JPMorgan, and Chase, and directed plaintiffs to file any

25

Second Amended Complaint no later than May 13, 2011. Plaintiffs did not file a Second

26

Amended Complaint within the time specified.

27

//

28

//

1
2

Accordingly, plaintiffs’ having failed to amend their claims against the remaining
defendants,1 the above-titled action is hereby DISMISSED.

3

The Clerk shall close the file and vacate all scheduled dates.

4

IT IS SO ORDERED.

5
6

Dated: May 18, 2011
MAXINE M. CHESNEY
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

By separate order filed concurrently herewith, plaintiffs’ claims against unserved
defendant Tal Shpritzman have been dismissed pursuant to Rule 4(m) of the Federal Rules
of Civil Procedure.
2