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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROGER SANCHEZ, et al.,

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Plaintiffs,
v.

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For the Northern District of California

United States District Court

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No. C-13-0900 EMC

WELLS FARGO BANK, N.A., et al.,

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ORDER RE DISMISSAL OF
DEFENDANT WELLS FARGO

Defendants.
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On April 1, 2013, this Court issued an order instructing Plaintiffs to show cause as to why

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their claims against Wells Fargo Bank, N.A. should not be dismissed for failure to prosecute. See

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Docket No. 19 (order to show cause). The Court gave Plaintiffs until April 8, 2013, to file a

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response and expressly warned Plaintiffs that a failure to file a timely response would lead to a

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dismissal of all claims against Wells Fargo, leaving only WSR23 World Savings Remic Trust (who

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appears not to have been served at this juncture) as the only defendant.

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Plaintiffs failed to file a response to the order to show cause by April 8. Accordingly, the

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Court hereby dismisses all claims against Wells Fargo based on Plaintiffs’ failure to prosecute.

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Plaintiffs are advised that, if they do not timely serve their complaint on the Trust, as required by

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Federal Rule of Civil Procedure 4(m), then their claims against the Trust may also be subject to

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dismissal. See Fed. R. Civ. P. 4(m) (providing that, “[i]f a defendant is not served within 120 days

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after the complaint is filed, the court -- on motion or on its own after notice to the plaintiff -- must

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dismiss the action without prejudice against that defendant or order that service be made within a

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specified time”; adding that a court “must extend the time for service for an appropriate period” if

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the plaintiff is able to show “good cause for the failure [to serve]”).

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IT IS SO ORDERED.

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Dated: April 10, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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