Schmidt et al v. JP Morgan Chase Bank, N.A. et al

Filing 9

ORDER DISMISSING CASE AND DIRECTING CLERK TO CLOSE FILE. Signed by Judge Jeffrey S. White on 6/4/13. (jjoS, COURT STAFF) (Filed on 6/4/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JAMES M. SCHMIDT and ROBERT M.
SCHMIDT,

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No. C 12-05677 JSW

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v.
For the Northern District of California

United States District Court

Plaintiffs,
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ORDER DISMISSING CASE AND
DIRECTING CLERK TO CLOSE
FILE

JP MORGAN CHASE BANK, N.A.,
CALIFORNIA RECONVEYANCE
COMPANY,

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Defendants.
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On November 5, 2012, Plaintiffs filed applications to proceed in forma pauperis and a

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Complaint. On January 11, 2013, Magistrate Judge Jaqueline Scott Corley, to whom the case

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originally was assigned, issued a Report and Recommendation in which she recommended that:

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(1) the Court grant Plaintiffs’ applications to proceed in forma pauperis; and (2) dismiss the

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Complaint because Plaintiffs had not sufficiently alleged that there was a basis for federal

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jurisdiction. Judge Corley noted that Plaintiffs’ complaint only set forth state law causes of

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action and failed to establish complete diversity of parties. The Court received no objections

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within the time for filing objections.

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On February 13, 2013, the Court issued an Order adopting Judge Corley’s Report and

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Recommendation, and it dismissed the case for lack of subject matter jurisdiction.

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However, it gave Plaintiffs leave to file an amended complaint by no later than March 8, 2013.

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The Court also advised Plaintiffs that if they failed to file an amended complaint by that date,

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the Court would dismiss this case without prejudice.
Plaintiffs did not file an amended complaint by March 8, 2013. Accordingly, the Court
dismisses this action without prejudice. The Clerk shall close this file.
IT IS SO ORDERED.
Dated: June 4, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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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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JAMES M. SCHMIDT ET.AL. et al,

Case Number: CV12-05677 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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JP MORGAN CHASE BANK, N.A.
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Defendant.

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For the Northern District of California

United States District Court

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12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
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That on June 4, 2013, I SERVED a true and correct copy(ies) of the attached, by placing
14 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
15 delivery receptacle located in the Clerk's office.
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James M. Schmidt
18 Robert M. Schmidt
2260 Maximilian Drive
19 Campbell, CA 95008
20 Dated: June 4, 2013
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk