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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 11-02130 CW

CARLOS FIGUEROA,
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Plaintiff,
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v.
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United States District Court
For the Northern District of California

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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,

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ORDER DISMISSING
PLAINTIFF’S
ACTION FOR
FAILURE TO
PROSECUTE

Defendants.
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On May 24, 2011, Defendant PNC Bank, National Association as
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successor by merger to National City Bank, previously doing
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business as National City Mortgage and Accubanc Mortgage,1 filed
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amended motions to dismiss pro se Plaintiff Carlos Figueroa’s First
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Amended Complaint, and to strike portions of that complaint.
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Docket Nos.

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After Plaintiff failed to oppose the motions

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by the required deadline, the Court ordered Plaintiff to respond on
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or before June 30, 2011, or face dismissal of his action for
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failure to prosecute.

Docket No. 25.

Plaintiff again failed to

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respond to the motions.
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Apart from PNC Bank, the sole remaining Defendant is Cal26
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PNC Bank was sued in this capacity erroneously as “Accubanc
Mortgage a Division of National City Bank of Indiana.”

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Western Reconveyance Corporation.

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named as a defendant in its capacity as a trustee, and has filed an

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unopposed “Declaration of Nonmonetary Status,” pursuant to

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California Civil Code § 2924l.

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result, Cal-Western Reconveyance is no longer required to

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participate in the action.

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Inc., 652 F. Supp.2d 1050, 1053 (N.D. Cal. 2009) (citing Cal. Civ.

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Code § 2924l(c)-(d)).

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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

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Cal-Western Reconveyance is not obliged to participate, Plaintiff’s

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action is dismissed.

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IT IS SO ORDERED.

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Dated: 7/7/2011
CLAUDIA WILKEN
United States District Judge

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