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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 CARL RENOWITZKY, et al., 7 Case No. 15-cv-05042-JCS Plaintiffs, 8 v. ORDER DISMISSING ACTION WITH PREJUDICE 9 WELLS FARGO BANK N.A, et al., 10 Defendants. United States District Court Northern District of California 11 12 On June 15, 2016, the Court granted Defendants’ motions to dismiss Plaintiffs’ first 13 14 amended complaint, but granted Plaintiffs leave to amend no later than July 13, 2016. See dkt. 15 50.1 Plaintiffs did not file a second amended complaint by that deadline. After Plaintiff Carl 16 Renowitzky filed a request for accommodation of disability and a deficient notice of bankruptcy 17 stay, the Court on August 5, 2016 ordered Renowitzky to file an amended notice of bankruptcy 18 stay with additional relevant information no later than August 22, 2016. See dkt. 52. Plaintiffs did 19 not file anything in response to that order. A case management conference was held on September 2, 2016. Plaintiffs did not file the 20 21 required case management statement in advance of that conference and did not appear at the 22 conference. Defendants requested that the case be dismissed with prejudice, but the Court granted 23 Plaintiffs an additional two weeks to file a second amended complaint. The Court’s order advised 24 Plaintiffs that failure to amend their complaint by September 16, 2016 would result in dismissal 25 with prejudice. See dkt. 60. That deadline has passed, and Plaintiffs have not filed a second 26 /// 27 1 28 The parties have consented to the jurisdiction of the undersigned magistrate judge for all purposes pursuant to 28 U.S.C. § 636(c). 1 amended complaint. This action is therefore DISMISSED WITH PREJUDICE. The Clerk is 2 instructed to close the file. 3 4 5 6 IT IS SO ORDERED. Dated: September 19, 2016 ______________________________________ JOSEPH C. SPERO Chief Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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