Mora v. U.S. Bank, N.A. et al

Filing 36

ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Samuel Conti on 07/20/2012. (sclc2, COURT STAFF) (Filed on 7/20/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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) Case No. 11-6598-SC
)
Plaintiffs,
) ORDER DISMISSING CASE WITH
) PREJUDICE
v.
)
)
U.S. BANK N.A., as Trustee for the )
holders of the First Franklin
)
Mortgage Loan Trust Mortgage Pass- )
Through Certificates, Series 2005- )
FF9, SELECT PORTFOLIO SERVICING,
)
INC., NATIONAL DEFAULT SERVICING
)
CORPORATION, and DOES 1 THROUGH
)
20,
)
)
Defendants.
)
)

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On June 7, 2012, the Court dismissed Plaintiffs Tarcicio and

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For the Northern District of California

United States District Court

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TARCICIO MORA and REMEDIOS MORA,

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Remedios Mora's ("Plaintiffs") Corrected First Amended Complaint

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with leave to amend certain claims therein.

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Order").

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complaint within thirty (30) days of the signature date of this

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Order, the Court will dismiss this case against all Defendants with

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prejudice."

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7, 2012, thus Plaintiffs had until Monday, July 9, 2012 to file

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their amended pleading.

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because July 7 fell on a Saturday.

ECF No. 34 ("June 7

The Court stated: "If Plaintiffs do not file an amended

Id. at 17.

The signature date on the order was June

They had until July 9 rather than July 7
See Fed. R. Civ. P. 6(a)(1).

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The deadline has passed and Plaintiffs have not filed their

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amended pleading or otherwise communicated with the Court.

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Therefore, pursuant to the June 7 Order, the Court orders this case

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DISMISSED WITH PREJUDICE as to all Defendants.

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application filed by Defendants on July 16, 2012, seeking dismissal

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of this case on the grounds stated above, is DENIED as moot.

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No. 35.

The ex parte

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IT IS SO ORDERED.

United States District Court

For the Northern District of California

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Dated: July 20, 2012
UNITED STATES DISTRICT JUDGE

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ECF