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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ALICIA G. ATIENZA, et al., 9 Plaintiffs, v. 11 For the Northern District of California United States District Court 10 No. C-11-3153 EMC WELLS FARGO, et al., 12 ORDER DISMISSING CASE Defendants. ___________________________________/ 13 14 On October 27, 2011, the Court issued an Order to Show Cause why this case should not be 15 dismissed without prejudice against U.S. Bancorp for failure to serve pursuant to Rule 4 of the 16 Federal Rules of Civil Procedure. Docket No. 19. Rule 4(m) provides that “[i]f a defendant is not 17 served within 120 days after the complaint is filed, the court – on motion or on its own after notice 18 to the plaintiff – must dismiss the action without prejudice against that defendant.” The Court gave 19 notice to Plaintiffs that absent proof of service or good cause, the Court would dismiss the action. 20 Plaintiffs were instructed to file their response to the Court’s Order to Show Cause no later 21 than November 10, 2011. Plaintiffs have failed to respond. Accordingly, the Court hereby 22 DISMISSES the action as against Defendant U.S. Bancorp without prejudice. 23 24 25 26 27 28 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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