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