Caovilla et al v. Wells Fargo Home Mortgage Inc. et al

Filing 27

ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE. Signed by Magistrate Judge Jacqueline Scott Corley on 8/2/2013. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 8/2/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 Northern District of California United States District Court 11 12 13 14 DAWNEEN PARDINI CAOVILLA; DAVID CAOVILLA, Plaintiffs, 15 16 Case No.: 13-cv-1003 JSC ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE v. 17 18 19 WELLS FARGO BANK, N.A., et al., Defendants. 20 21 On July 19, 2013, the Court Ordered Plaintiffs to show cause as to why this action 22 should not be dismissed for failure to prosecute based on their failure to respond to 23 Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint. (Dkt. No. 24.) Plaintiffs 24 were ordered to file a response by July 29, 2013 and were warned that failure to do so could 25 result in the dismissal of this action with prejudice pursuant to Federal Rule of Civil 26 Procedure 41(b). To date, Plaintiffs have not responded to the Court’s Order. 27 28 Accordingly, the hearing scheduled for August 8, 2013 on Defendants’ Motion to Dismiss Plaintiffs’ First Amended Complaint is hereby VACATED and this action is DISMISSED for failure to prosecute pursuant to Rule 41(b). 1 IT IS SO ORDERED. 2 3 Dated: August 2, 2013 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 Northern District of California United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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