Lothlen v. Wachovia Mortgage, FSB et al

Filing 59

ORDER DISMISSING ACTION WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE 54 (Illston, Susan) (Filed on 6/16/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

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ORDER DISMISSING ACTION
WITHOUT PREJUDICE FOR FAILURE
TO PROSECUTE

Plaintiff,

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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.

/

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On March 27, 2014, the Court granted defendant Wells Fargo Bank, N.A.’s motion to dismiss

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plaintiff’s first amended complaint, and granted plaintiff leave to file a second amended complaint by

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April 28, 2014. Docket No. 50. The April 28, 2014 deadline passed without plaintiff filing a second

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amended complaint.

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On May 23, 2014, defendant filed a motion to dismiss the action for lack of prosecution. Docket

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No. 54. On May 27, 2014, the Court issued an order directing plaintiff to show cause why the action

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should not be dismissed for failure to prosecute by June 13, 2014. Docket No. 56. To date, plaintiff has

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not filed a second amended complaint, filed an opposition to defendant’s motion to dismiss, or filed a

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response to the Court’s order to show cause. Accordingly, the case is dismissed without prejudice for

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failure to prosecute. See Fed. R. Civ. P. 41(b). All pending motions are DENIED AS MOOT.

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IT IS SO ORDERED.

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Dated: June 16, 2014
SUSAN ILLSTON
United States District Judge