Atienza et al v. Wells Fargo et al

Filing 20

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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALICIA G. ATIENZA, et al.,

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Plaintiffs,
v.

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For the Northern District of California

United States District Court

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No. C-11-3153 EMC

WELLS FARGO, et al.,

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ORDER DISMISSING CASE

Defendants.
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On October 27, 2011, the Court issued an Order to Show Cause why this case should not be

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dismissed without prejudice against U.S. Bancorp for failure to serve pursuant to Rule 4 of the

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Federal Rules of Civil Procedure. Docket No. 19. Rule 4(m) provides that “[i]f a defendant is not

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served within 120 days after the complaint is filed, the court – on motion or on its own after notice

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to the plaintiff – must dismiss the action without prejudice against that defendant.” The Court gave

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notice to Plaintiffs that absent proof of service or good cause, the Court would dismiss the action.

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Plaintiffs were instructed to file their response to the Court’s Order to Show Cause no later

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than November 10, 2011. Plaintiffs have failed to respond. Accordingly, the Court hereby

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DISMISSES the action as against Defendant U.S. Bancorp without prejudice.

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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
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EDWARD M. CHEN
United States District Judge