Capodiece et al v. Wells Fargo Bank et al

Filing 37

ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE. Signed by Judge Alsup on 7/8/2013. (whalc2, COURT STAFF) (Filed on 7/8/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 13-00032 WHA
Plaintiffs,

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For the Northern District of California

United States District Court

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MICHAEL CAPODIECE and
TERRY L. CAPODIECE,

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v.

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ORDER DISMISSING ACTION
FOR FAILURE TO PROSECUTE

WELLS FARGO BANK and DOES 1–5,
Defendants.
/

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By order dated May 9, partial summary judgment was granted in favor of defendant

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Wells Fargo Bank, N.A., and the motion to dismiss was granted (Dkt. No. 34). The order stated

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that plaintiffs may seek leave to amend their complaint by filing a motion and attaching the new

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proposed pleading by May 30. The order further stated that “[i]f such motion is not filed by the

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deadline, this case will be closed and judgment entered” (id. at 10). On July 3, plaintiffs were

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ordered to show cause why the action should not be dismissed for failure to prosecute and

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judgment entered against them. Plaintiffs filed a response stating that they will not seek leave to

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file an amended complaint. Accordingly, the action is hereby DISMISSED FOR FAILURE TO

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PROSECUTE.

Judgment will be entered by separate order.

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IT IS SO ORDERED.

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Dated: July 8, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE