Atienza et al v. Wells Fargo et al
ORDER DISMISSING CASE. Signed by Judge Edward M. Chen on 11/23/2011. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 11/23/2011)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ALICIA G. ATIENZA, et al.,
For the Northern District of California
United States District Court
No. C-11-3153 EMC
WELLS FARGO, et al.,
ORDER DISMISSING CASE
On October 27, 2011, the Court issued an Order to Show Cause why this case should not be
dismissed without prejudice against U.S. Bancorp for failure to serve pursuant to Rule 4 of the
Federal Rules of Civil Procedure. Docket No. 19. Rule 4(m) provides that “[i]f a defendant is not
served within 120 days after the complaint is filed, the court – on motion or on its own after notice
to the plaintiff – must dismiss the action without prejudice against that defendant.” The Court gave
notice to Plaintiffs that absent proof of service or good cause, the Court would dismiss the action.
Plaintiffs were instructed to file their response to the Court’s Order to Show Cause no later
than November 10, 2011. Plaintiffs have failed to respond. Accordingly, the Court hereby
DISMISSES the action as against Defendant U.S. Bancorp without prejudice.
Because U.S. Bancorp is the only defendant remaining in this action, the Clerk shall enter
judgment and close the file.
IT IS SO ORDERED.
Dated: November 23, 2011
EDWARD M. CHEN
United States District Judge
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