Miller v. Wells Fargo Bank, National Association

Filing 34

ORDER DISMISSING ACTION. Signed by Judge Richard Seeborg on 9/12/13. (cl, COURT STAFF) (Filed on 9/12/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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THERESA MILLER,
Plaintiffs,
v.

No. C 13-01622 RS
ORDER DISMISSING ACTION

WELLS FARGO BANK N.A.,
Defendant.
____________________________________/

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In response to defendant’s motion to dismiss this action, plaintiff filed what she docketed as

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a “response” but which appears in ECF as merely another copy of defendant’s moving papers. She

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subsequently also filed a motion to remand. By prior written order, the motion to remand was

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denied, and plaintiff was expressly advised that she had failed to oppose the motion to dismiss, and

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she was given additional time to do so. Plaintiff failed to file such an opposition, or otherwise

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respond to the order.

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Thereafter, plaintiff filed a notice of bankruptcy filing. Additionally, in its case

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management conference statement, defendant reports that its efforts to contact plaintiff’s counsel

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have been unsuccessful. These circumstances reflect a clear abandonment by plaintiff of any effort

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to prosecute this action. Furthermore, while the automatic stay arising from a bankruptcy filing

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applies only to actions brought against the debtor, plaintiff likely lost standing to pursue this suit

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absent involvement of the bankruptcy trustee. Accordingly, this action is hereby dismissed, without

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prejudice, and the Clerk shall close the file

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IT IS SO ORDERED.

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Dated: 9/12/13

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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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