Valdez v. JPMorgan Chase Bank, N.A.

Filing 28

ORDER TO SHOW CAUSE re 26 Notice of Voluntary Dismissal filed by Miguel A. Valdez, 25 Amended Complaint filed by Miguel A. Valdez. Signed by Judge Samuel Conti on October 24, 2013. (sclc2, COURT STAFF) (Filed on 10/24/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court

For the Northern District of California

MIGUEL A. VALDEZ,
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Plaintiff,
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v.
JPMORGAN CHASE BANK, N.A., and
DOES 1-50, inclusive,
Defendants.

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) Case No. C 13-2450 SC
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) ORDER TO SHOW CAUSE
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Plaintiff Miguel A. Valdez ("Plaintiff") filed this case on

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April 30, 2013, and Defendant JPMorgan Chase Bank, N.A.

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("Defendant") removed it to federal court on May 30.

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Plaintiff's complaint asserted causes of action for fraud, fraud in

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the inducement, and violations of the "unlawful" and "unfair"

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prongs of California's Unfair Competition Law ("UCL"), Cal. Bus. &

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Prof. Code § 17200.

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on August 23, the Court granted that motion because (1) Plaintiff's

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claims based on violations of two federal statutes were time-

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barred, (2) Plaintiff's fraud-based claims lacked the particularity

ECF No. 1.

Defendant moved to dismiss the complaint, and

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required by Federal Rule of Civil Procedure 9(b), and (3) Plaintiff

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pled no facts supporting his UCL claims.

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Order") at 4-8.

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amend, giving Plaintiff thirty days from August 23 to file an

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amended complaint or risk dismissal with prejudice.

The Court dismissed Plaintiff's case with leave to

Thirty days passed.

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ECF No. 24 ("Aug. 23

Id. at 7-8.

On October 4, Plaintiff filed an amended

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complaint, ECF No. 25, coupled with a notice of voluntary dismissal

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without prejudice, ECF No. 26.

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orders are acceptable under Rule 41 if filed before an opposing

Voluntary dismissals without court

United States District Court

For the Northern District of California

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party serves an answer or a motion for summary judgment, or if the

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parties stipulate to a dismissal.

Rule 41(a)(1).

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dismissal must be by court order.

Rule 41(a)(2).

Otherwise the

Under other circumstances, therefore, Plaintiff's notice of

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voluntary dismissal would be acceptable: he filed both an amended

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complaint and a notice of voluntary dismissal.

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specific circumstances, with the Court having given Plaintiff

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thirty days to amend or risk dismissal with prejudice, Plaintiff's

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notice is ineffective.

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deadline for nearly two weeks.

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See, e.g., Maleon v. U.S. Postal Serv., 833 F.2d 128, 132-33 (9th

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Cir. 1987) (failure to obey a court order, after being warned and

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instructed on how to comply, may warrant dismissal with prejudice).

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But under these

Plaintiff ignored his Court-imposed
The Court will not abide this.

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The Court declines to grant Plaintiff a court order dismissing

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the action without prejudice.

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no more than five pages explaining his delay in filing the amended

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complaint and his rationale for filing a notice of voluntary

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dismissal.

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Order's signature date.

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Plaintiff must file a short brief of

Plaintiff should file the brief within one week of this

The Court will consider this brief in determining whether to
dismiss Plaintiff's case with prejudice.

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United States District Court

For the Northern District of California

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IT IS SO ORDERED.

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Dated: October 24, 2013
UNITED STATES DISTRICT JUDGE

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