Buendia v. Long Beach Mortgage Company et al

Filing 22

ORDER OF DISMISSAL. Signed by Judge Alsup on April 11, 2011. (whalc2, COURT STAFF) (Filed on 4/11/2011)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
No. C 11-00732 WHA

MARIA L. BUENDIA,

11
For the Northern District of California

United States District Court

10

Plaintiff,

12
13
14
15
16
17
18
19

ORDER OF DISMISSAL

v.
LONG BEACH MORTGAGE COMPANY, a
Delaware corporation, US BANK NATIONAL
ASSOCIATION, a National Banking
Association formerly known as First Union
National Bank, AURORA LOAN SERVICES
INC., a Delaware corporation, QUALITY
LOAN SERVICE CORPORATION, BETTER
HOMES AND GARDENS REAL ESTATE
MASON-MCDUFFIE, and MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC., a Delaware corporation,
Defendants.
/

20
21

Upon reassignment of this case to the undersigned and pursuant to the reassignment order,

22

defendant Mason-McDuffie Real Estate, Inc., doing business as Better Homes and Gardens Real

23

Estate, Mason-McDuffie Real Estate renoticed its previously-filed motion to dismiss plaintiff’s

24

complaint. Defendant noticed the hearing for April 7, 2011. Pursuant to Civil Local Rule 7-3,

25

any brief in opposition to defendant’s motion was due on March 17, 2011, but no such opposition

26

was received. On March 18, plaintiff was ordered to show cause why the action should not be

27

dismissed for failure to prosecute. Plaintiff was ordered to respond by April 8, but no response

28

has been received. Plaintiff was explicitly warned: “If [she] does not respond by April 8, 2011,
this case will be dismissed for failure to prosecute.” As plaintiff — after being clearly warned

1

that dismissal was imminent — has failed to prosecute this action, it is DISMISSED. Judgment

2

will be entered in favor of defendants and against plaintiff.

3
IT IS SO ORDERED.
4
5

Dated: April 11, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

6
7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2