Renowitzky et al v. Wells Fargo Bank N.A et al

Filing 63

ORDER dismissing action with prejudice. Signed by Judge Joseph C. Spero on September 19, 2016. (jcslc2S, COURT STAFF) (Filed on 9/19/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARL RENOWITZKY, et al.,

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Case No. 15-cv-05042-JCS

Plaintiffs,
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v.

ORDER DISMISSING ACTION WITH
PREJUDICE

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WELLS FARGO BANK N.A, et al.,

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Defendants.

United States District Court
Northern District of California

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On June 15, 2016, the Court granted Defendants’ motions to dismiss Plaintiffs’ first

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amended complaint, but granted Plaintiffs leave to amend no later than July 13, 2016. See dkt.

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50.1 Plaintiffs did not file a second amended complaint by that deadline. After Plaintiff Carl

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Renowitzky filed a request for accommodation of disability and a deficient notice of bankruptcy

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stay, the Court on August 5, 2016 ordered Renowitzky to file an amended notice of bankruptcy

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stay with additional relevant information no later than August 22, 2016. See dkt. 52. Plaintiffs did

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not file anything in response to that order.
A case management conference was held on September 2, 2016. Plaintiffs did not file the

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required case management statement in advance of that conference and did not appear at the

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conference. Defendants requested that the case be dismissed with prejudice, but the Court granted

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Plaintiffs an additional two weeks to file a second amended complaint. The Court’s order advised

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Plaintiffs that failure to amend their complaint by September 16, 2016 would result in dismissal

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with prejudice. See dkt. 60. That deadline has passed, and Plaintiffs have not filed a second

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///

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The parties have consented to the jurisdiction of the undersigned magistrate judge for all
purposes pursuant to 28 U.S.C. § 636(c).

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amended complaint. This action is therefore DISMISSED WITH PREJUDICE. The Clerk is

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instructed to close the file.

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IT IS SO ORDERED.
Dated: September 19, 2016
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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