Figueroa v. National City Mortgage et al

Filing 27

ORDER DISMISSING Plaintiff's Action for Failure to Prosecute. Signed by Judge Claudia Wilken on 7/7/2011. (ndr, COURT STAFF) (Filed on 7/7/2011)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 No. C 11-02130 CW CARLOS FIGUEROA, 7 Plaintiff, 8 v. 9 United States District Court For the Northern District of California 10 11 12 NATIONAL CITY MORTGAGE; ACCUBANK MORTGAGE DIVISION, a division of NATIONAL CITY BANK OF INDIANA; PNC BANK, NATIONAL ASSOCIATION; CALWESTERN RECONVEYANCE CORPORATION, and DOES 1 through 50, inclusive, 13 ORDER DISMISSING PLAINTIFF’S ACTION FOR FAILURE TO PROSECUTE Defendants. / 14 15 On May 24, 2011, Defendant PNC Bank, National Association as 16 successor by merger to National City Bank, previously doing 17 business as National City Mortgage and Accubanc Mortgage,1 filed 18 amended motions to dismiss pro se Plaintiff Carlos Figueroa’s First 19 Amended Complaint, and to strike portions of that complaint. 20 Docket Nos. 18 & 19. After Plaintiff failed to oppose the motions 21 by the required deadline, the Court ordered Plaintiff to respond on 22 or before June 30, 2011, or face dismissal of his action for 23 failure to prosecute. Docket No. 25. Plaintiff again failed to 24 respond to the motions. 25 Apart from PNC Bank, the sole remaining Defendant is Cal26 27 1 28 PNC Bank was sued in this capacity erroneously as “Accubanc Mortgage a Division of National City Bank of Indiana.” 1 Western Reconveyance Corporation. 2 named as a defendant in its capacity as a trustee, and has filed an 3 unopposed “Declaration of Nonmonetary Status,” pursuant to 4 California Civil Code § 2924l. 5 result, Cal-Western Reconveyance is no longer required to 6 participate in the action. 7 Inc., 652 F. Supp.2d 1050, 1053 (N.D. Cal. 2009) (citing Cal. Civ. 8 Code § 2924l(c)-(d)). 9 Cal-Western Reconveyance was Notice of Removal at ¶ 7. As a Hafiz v. Greenpoint Mortg. Funding, Because Plaintiff has failed to prosecute this lawsuit, and United States District Court For the Northern District of California 10 Cal-Western Reconveyance is not obliged to participate, Plaintiff’s 11 action is dismissed. 12 IT IS SO ORDERED. 13 14 15 Dated: 7/7/2011 CLAUDIA WILKEN United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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