Young v. North American Van Lines, Inc.

Filing 63

ORDER OF DISMISSAL. Signed by Judge JEFFREY S. WHITE on 1/23/13. (jjoS, COURT STAFF) (Filed on 1/23/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 TERRA S. YOUNG, 11 For the Northern District of California United States District Court 10 12 No. C 12-00257 JSW Plaintiff, v. NORTH AMERICAN VAN LINES, 13 ORDER OF DISMISSAL Defendant. 14 / 15 16 On July 25, 2012, this Court issued an order to show cause why this case should not be 17 dismissed upon failure to amend the complaint to address the concerns raised in the Defendants’ 18 pending motion to dismiss the first amended complaint. Instead of filing an opposition to the 19 motion to dismiss by the twice-extended deadline, Plaintiff had moved to transfer her own 20 matter to another jurisdiction, had moved for discovery, had appealed the Court’s denial to enter 21 default judgment on appearing defendants, and finally, had moved to amend her complaint for 22 the third time. Although the response to the order to show cause was due by no later than August 10, 23 24 2012, on August 13, 2012, this Court received Plaintiff’s response. In it, Plaintiff again 25 indicated her desire to transfer this case to the District of New Mexico and to be granted leave 26 to amend the complaint for a third time. The Court finds the content of the claims in the 27 proposed second amended complaint suffer from the same defects in pleading alleged in the 28 pending motion to dismiss. Vague claims about other potential activity warranting liability for other 1 2 potential claimants does not alter the fact that Plaintiff’s claims are barred by the statute of 3 limitations. 4 After many submissions, extensions of time, and multiple attempts to amend the 5 complaint, the Court finds dismissal of this action is warranted as Plaintiff’s claims are barred 6 by the applicable statute of limitations. Accordingly, this case is hereby DISMISSED. A 7 separate judgment shall follow and the Clerk is directed to close the file. 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: January 23, 2013 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 1 2 UNITED STATES DISTRICT COURT 3 FOR THE 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 TERRA S. YOUNG, Case Number: CV12-00257 JSW 7 Plaintiff, CERTIFICATE OF SERVICE 8 v. 9 NORTH AMERICAN VAN LINES et al, 10 For the Northern District of California United States District Court Defendant. 11 / 12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 13 District Court, Northern District of California. 14 That on January 23, 2013, 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 15 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. 16 17 Terra S. Young 18 5 Santo Domingo Trail, North Corrales, NM 87048 19 Dated: January 23, 2013 20 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk 21 22 23 24 25 26 27 28 3

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