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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 No. C 13-00032 WHA Plaintiffs, 11 For the Northern District of California United States District Court 10 MICHAEL CAPODIECE and TERRY L. CAPODIECE, 12 v. 13 14 ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE WELLS FARGO BANK and DOES 1–5, Defendants. / 15 16 By order dated May 9, partial summary judgment was granted in favor of defendant 17 Wells Fargo Bank, N.A., and the motion to dismiss was granted (Dkt. No. 34). The order stated 18 that plaintiffs may seek leave to amend their complaint by filing a motion and attaching the new 19 proposed pleading by May 30. The order further stated that “[i]f such motion is not filed by the 20 deadline, this case will be closed and judgment entered” (id. at 10). On July 3, plaintiffs were 21 ordered to show cause why the action should not be dismissed for failure to prosecute and 22 judgment entered against them. Plaintiffs filed a response stating that they will not seek leave to 23 file an amended complaint. Accordingly, the action is hereby DISMISSED FOR FAILURE TO 24 PROSECUTE. Judgment will be entered by separate order. 25 26 IT IS SO ORDERED. 27 28 Dated: July 8, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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