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

Filing 38

ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE. Signed by Judge Alsup on 7/18/2013. (whalc2, COURT STAFF) (Filed on 7/18/2013)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 LONNIE G. SCHMIDT, Plaintiff, For the Northern District of California United States District Court 10 11 12 v. ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE WELLS FARGO BANK, N.A., NDEx WEST, LLC, and DOES 1–25, inclusive, 13 Defendants. / 14 15 No. C 13-01509 WHA By order dated June 21, defendant Wells Fargo Bank’s motion to dismiss was granted 16 (Dkt. No. 34). The order stated that plaintiff may seek leave to amend his complaint by filing a 17 motion and attaching the new proposed pleading by July 12. The order further stated that 18 “plaintiff is warned that if his motion (if one is timely filed) fails to address the specific defects 19 identified herein, the action may be terminated without further briefing or a hearing” (id. at 11). 20 The deadline for filing a motion for leave to file an amended complaint has passed and no 21 motion has been received. Accordingly, the action is hereby DISMISSED FOR FAILURE TO 22 PROSECUTE. Judgment will be entered by separate order. 23 24 IT IS SO ORDERED. 25 26 27 28 Dated: July 18, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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