Sanchez et al v. Wells Fargo Bank, N.A. et al

Filing 20

ORDER re Dismissal of Defendant Wells Fargo. Signed by Judge Edward M. Chen on 4/10/2013. (emclc1, COURT STAFF) (Filed on 4/10/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ROGER SANCHEZ, et al., 9 Plaintiffs, v. 11 For the Northern District of California United States District Court 10 No. C-13-0900 EMC WELLS FARGO BANK, N.A., et al., 12 ORDER RE DISMISSAL OF DEFENDANT WELLS FARGO Defendants. ___________________________________/ 13 14 15 On April 1, 2013, this Court issued an order instructing Plaintiffs to show cause as to why 16 their claims against Wells Fargo Bank, N.A. should not be dismissed for failure to prosecute. See 17 Docket No. 19 (order to show cause). The Court gave Plaintiffs until April 8, 2013, to file a 18 response and expressly warned Plaintiffs that a failure to file a timely response would lead to a 19 dismissal of all claims against Wells Fargo, leaving only WSR23 World Savings Remic Trust (who 20 appears not to have been served at this juncture) as the only defendant. 21 Plaintiffs failed to file a response to the order to show cause by April 8. Accordingly, the 22 Court hereby dismisses all claims against Wells Fargo based on Plaintiffs’ failure to prosecute. 23 Plaintiffs are advised that, if they do not timely serve their complaint on the Trust, as required by 24 Federal Rule of Civil Procedure 4(m), then their claims against the Trust may also be subject to 25 dismissal. See Fed. R. Civ. P. 4(m) (providing that, “[i]f a defendant is not served within 120 days 26 after the complaint is filed, the court -- on motion or on its own after notice to the plaintiff -- must 27 dismiss the action without prejudice against that defendant or order that service be made within a 28 1 specified time”; adding that a court “must extend the time for service for an appropriate period” if 2 the plaintiff is able to show “good cause for the failure [to serve]”). 3 4 IT IS SO ORDERED. 5 6 Dated: April 10, 2013 7 _________________________ EDWARD M. CHEN United States District Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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