Gonzalez v. BAC Home Loans Servicing, LP et al

Filing 27

ORDER DISMISSING WITHOUT PREJUDICE. Signed by Judge JEFFREY S. WHITE on 10/24/11. (jjoS, COURT STAFF) (Filed on 10/24/2011)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 RAMON GONZALEZ, 10 Plaintiff, 11 For the Northern District of California United States District Court 9 12 13 No. C 11-03561 JSW v. ORDER DISMISSING WITHOUT PREJUDICE BAC HOME LOANS SERVICING, L.P., et al. Defendants. / 14 15 On July 20, 2011, this case was removed from the Superior Court of the State of 16 California for the County of Alameda. A motion to dismiss was pending and scheduled for 17 hearing on October 28, 2011. On August 29, 2011, this Court issued an Order requiring that 18 Plaintiffs’ opposition brief to the motion papers docketed as docket nos. 21 to 23 shall be due 19 by no later than September 16, 2011. Plaintiff did not file an opposition to Defendants’ motion. 20 Accordingly, on September 21, 2011, the Court issued an Order to Show Cause 21 directing Plaintiff to show cause why this case should not be dismissed for failure to prosecute 22 or, in the alternative, why Defendants’ motion should not be granted. On October 5, 2011, 23 Plaintiff filed his response to the Court’s Order to Show Cause and asked that the Court dismiss 24 the case without prejudice. Defendants have not opposed Plaintiff’s request. 25 Accordingly, this case is HEREBY DISMISSED WITHOUT PREJUDICE. 26 IT IS SO ORDERED. 27 28 Dated: October 24, 2011 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 RAMON GONZALEZ, 6 Plaintiff, Case Number: CV11-03561 JSW CERTIFICATE OF SERVICE 7 8 9 v. BAC HOME LOANS et al, Defendant. / 11 For the Northern District of California United States District Court 10 12 13 14 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 24, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 15 16 17 18 19 Ramon Gonzalez 647 Tamarack Drive Union City, CA 94587 Dated: October 24, 2011 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk 20 21 22 23 24 25 26 27 28 2

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