Altmann v. Indymac Federal Bank, One West Bank et al

Filing 13

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE. Signed by Judge Claudia Wilken on 6/23/2011. (ndr, COURT STAFF) (Filed on 6/23/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ERNEST ALTMANN,

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United States District Court
For the Northern District of California

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No. 10-03717 CW

Plaintiff,

ORDER DISMISSING
CASE FOR FAILURE
TO PROSECUTE

v.
INDYMAC FEDERAL BANK, ONE WEST BANK
et al.,
Defendants.

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On August 20, 2010, this case was filed by pro se Plaintiff

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Ernest Altmann.

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had not filed proof that he had served any Defendant, on February

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16, 2011, the Court ordered Plaintiff to file proof that he did

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serve Defendants or move for an extension of time for service,

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provided he had good cause to do so.

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Because no Defendant had appeared and Plaintiff

On February 23, 2011, Plaintiff submitted a declaration from

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attorney John W. Villines, who Plaintiff hired to represent him.

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Mr. Villines declared that he would serve corporate Defendants in

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no more than thirty days and he would serve the individual

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Defendant in no more than sixty days and requested additional time

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to do so.

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this request and stated that if Plaintiff failed to serve

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On March 4, 2011, the Court issued an order granting

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Defendants within this time period, the case would be dismissed for

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failure to prosecute.

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On April 15, 2011, Plaintiff filed an amended complaint.

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However, no Defendant has appeared and no proof of service has been

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filed.

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to serve Defendants, this case must be dismissed for failure to

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prosecute.

Because Plaintiff has not complied with the Court’s order

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: 6/23/2011
CLAUDIA WILKEN
United States District Judge

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