Nuezca et al v. Capital One Financial Corp.
Filing
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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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