Isaacs et al v. Countrywide Bank, N.A. et al

Filing 58

ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE (whalc2, COURT STAFF) (Filed on 9/19/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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THEODORE ISAACS and NORMA ISAACS,

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For the Northern District of California

United States District Court

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No. C 12-00951 WHA

Plaintiffs,
v.

ORDER DISMISSING ACTION
FOR FAILURE TO PROSECUTE

COUNTRYWIDE BANK N.A. (Original
Mortgage Lender), COUNTRYWIDE
HOME LOANS SERVICING (Mortgage
Servicer), THE BANK OF NEW YORK,
RECON TRUST COMPANY (Mortgage
Trustee), COUNTRYWIDE HOME
LOANS SERVICING (Nominee/Beneficiary),
and NORTH AMERICAN TITLE COMPANY
(Title Company),
Defendants.
/
Pro se plaintiffs Theodore Isaacs and Norma Isaacs filed a complaint against defendants

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on February 24, 2012. On June 11, 2012, defendants Countrywide Bank, N.A., Countrywide

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Home Loans Servicing LP, (erroneously sued as “Countrywide Home Loans Servicing” and

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“Country Wide Home Loans Servicing”), The Bank of New York Mellon (erroneously sued as

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“The Bank of New York”), and ReconTrust Company, N.A. (erroneously sued as “Recon Trust

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Company”) filed a motion to dismiss plaintiffs’ amended complaint. Plaintiffs failed to file a

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response by the June 25 deadline and were ordered to show cause why the action should not be

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dismissed for failure to prosecute. In response, plaintiffs said they were confused, and did not

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realize that their response to the motion to dismiss was due. Following a case management
conference on August 9, a new briefing schedule and hearing date were set. No opposition to

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defendants’ motion was received. Plaintiffs were ordered to show cause by September 10 why

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the action should not be dismissed for failure to prosecute. The deadline has come and gone,

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again. No response was received. Pursuant to Federal Rule of Civil Procedure 41(b), the action

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is hereby DISMISSED FOR FAILURE TO PROSECUTE.

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IT IS SO ORDERED.

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Dated: September 19, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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