Lothlen v. Wachovia Mortgage, FSB et al

Filing 59


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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 United States District Court For the Northern District of California 10 11 12 ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE Plaintiff, 8 9 No. C 13-00922 SI ALINE LOTHLEN, v. WELLS FARGO BANK, N.A.; WACHOVIA MORTGAGE, FSB; WORLD SAVINGS BANK, FSB; CAL-WESTERN RECONVEYANCE; and DOES 1-20, inclusive, Defendants. / 13 14 On March 27, 2014, the Court granted defendant Wells Fargo Bank, N.A.’s motion to dismiss 15 plaintiff’s first amended complaint, and granted plaintiff leave to file a second amended complaint by 16 April 28, 2014. Docket No. 50. The April 28, 2014 deadline passed without plaintiff filing a second 17 amended complaint. 18 On May 23, 2014, defendant filed a motion to dismiss the action for lack of prosecution. Docket 19 No. 54. On May 27, 2014, the Court issued an order directing plaintiff to show cause why the action 20 should not be dismissed for failure to prosecute by June 13, 2014. Docket No. 56. To date, plaintiff has 21 not filed a second amended complaint, filed an opposition to defendant’s motion to dismiss, or filed a 22 response to the Court’s order to show cause. Accordingly, the case is dismissed without prejudice for 23 failure to prosecute. See Fed. R. Civ. P. 41(b). All pending motions are DENIED AS MOOT. 24 25 IT IS SO ORDERED. 26 27 28 Dated: June 16, 2014 SUSAN ILLSTON United States District Judge

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