Bernardo et al v. US Bank National Association

Filing 18

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE. Signed by Judge Claudia Wilken on 11/14/2011. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 11/14/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOSE M. BERNARDO, ARACELI B.
BERNARDO,

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United States District Court
For the Northern District of California

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ORDER DISMISSING
CASE FOR FAILURE
TO PROSECUTE

Plaintiffs,

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No. C 10-4785 CW

v.
US BANK NATIONAL ASSOCIATION,
Defendant.
________________________________/

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On August 22, 2010, pro se Plaintiffs Jose M. Bernardo and
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Araceli B. Bernardo filed this foreclosure-related action against
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Defendant U.S. Bank National Association.
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On August 22, 2011, the Court issued an order granting
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Defendant’s motion to dismiss and denied as moot Plaintiffs’
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motion for a preliminary injunction.

At that time, the Court

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granted Plaintiffs leave to amend to cure the deficiencies in
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their original complaint within fourteen days and warned that
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failure to file an amended complaint would result in dismissal of
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their action for failure to prosecute.

Plaintiffs have not filed

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an amended complaint.
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On August 31, 2011, the United State Postal Service returned
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the order as undeliverable to Plaintiff Jose M. Bernardo.

On

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September 26, 2011, the United State Postal Service returned the
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order as undeliverable to Plaintiff Araceli B. Bernardo.
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Because Plaintiffs have failed to file an amended complaint
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as required by the August 22, 2011 order and have failed to update
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their current address or addresses, Plaintiffs’ complaint is

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dismissed for failure to prosecute.

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IT IS SO ORDERED.

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Dated: 11/14/2011

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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