Manosca v. Wachovia Mortgage et al

Filing 33

ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE (SI, COURT STAFF) (Filed on 8/29/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANGEL MANOSCA,

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United States District Court
For the Northern District of California

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No. C 11-2183 SI

Plaintiff,

ORDER DISMISSING CASE WITHOUT
PREJUDICE FOR FAILURE TO
PROSECUTE

v.
WACHOVIA MORTGAGE, et al.,

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Defendants.

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In an order filed July 20, 2011, the Court granted defendants’ motion to dismiss the complaint

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and granted plaintiff limited leave to amend. The amended complaint was due no later than August 3,

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2011. Plaintiff, who is represented by counsel, did not file an amended complaint. On August 24, 2011,

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defendants filed a motion to dismiss for failure to comply with the Court’s order. Defendants’ motion

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states, inter alia, that defense counsel emailed plaintiff’s counsel inquiring whether plaintiff intended

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to file a belated amended complaint, and that plaintiff’s counsel would “not disclose that information.”

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Docket No. 31 at 1:6-7. Plaintiff has not taken any action in this case since the July 20, 2011 order.

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Accordingly, pursuant to Federal Rule of Civil Procedure 41(b), the Court dismisses this case
without prejudice for failure to prosecute.1 All pending motions are DENIED AS MOOT.
IT IS SO ORDERED.

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Dated: August 29, 2011
SUSAN ILLSTON
United States District Judge

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The Court’s July 20, 2011 order dismissed a number of claims without leave to amend, and
granted limited leave to amend the fraud and breach of contract claims.