Nuezca et al v. Capital One Financial Corp.

Filing 36

ORDER GRANTING DEFENDANT CAPITAL ONE, N.A.S MOTION TO DISMISS THE COMPLAINT WITH PREJUDICE (DKT. NO. 19.). Signed by Magistrate Judge Jacqueline Scott Corley on 3/20/2014. (ahm, COURT STAFF) (Filed on 3/20/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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SAMUEL A. NUEZCA AND JUVY P.
NUEZCA,

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Plaintiffs,

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v.

Case No.: 3:13-cv-04081-JSC
ORDER GRANTING DEFENDANT
CAPITAL ONE, N.A.’S MOTION TO
DISMISS THE COMPLAINT WITH
PREJUDICE (DKT. NO. 19.)

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CAPITAL ONE FINANCIAL CORP.,
DOES 1 – 100
Defendants.

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On February 12, 2014, the Court dismissed Plaintiffs’ UCL, Breach of Express

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Agreement, Breach of Implied Agreement, and Declaratory Relief claims (collectively,

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“remaining claims”) without prejudice, and struck Plaintiffs’ First Amended Complaint

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because it was filed in violation of Federal Rule of Civil Procedure 15(a). (Dkt. No. 32 at 12-

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13.) The Court ordered Plaintiffs to file any amended complaint within 20 days of the Order.

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(Id.)

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After Plaintiffs failed to timely file an amended complaint, the Court ordered Plaintiff

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to show cause in writing by Wednesday, March 19, 2014, why the Court should not dismiss

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Plaintiffs’ remaining claims with prejudice and terminate the case. (Dkt. No. 35.) As of the

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date of this Order Plaintiffs have not filed a response to the Court’s Order to Show Cause and

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have not otherwise communicated with the Court. Accordingly, Plaintiffs’ remaining claims

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are DISMISSED WITH PREJUDICE.

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IT IS SO ORDERED.

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Dated: March 20, 2014
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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