Figueroa v. National City Mortgage et al

Filing 30

ORDER DENYING PLAINTIFF'S UNTIMELY 29 MOTION TO OPPOSE DEFENDANTS' MOTIONS TO DISMISS. Signed by Judge Claudia Wilken on 9/19/2011. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 9/19/2011)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 United States District Court For the Northern District of California 10 CARLOS FIGUEROA, 11 Plaintiff, 12 13 14 15 16 17 18 v. NATIONAL CITY MORTGAGE; ACCUBANK MORTGAGE DIVISION, a division of NATIONAL CITY BANK OF INDIANA; PNC BANK, NATIONAL ASSOCIATION; CAL-WESTERN RECONVEYANCE CORPORATION, and DOES 1 through 50, inclusive, No. C 11-02130 CW ORDER DENYING PLAINTIFF'S UNTIMELY MOTION TO OPPOSE DEFENDANTS' MOTIONS TO DISMISS (Docket No. 29) Defendants. ________________________________/ 19 The Court has dismissed this action for failure to prosecute. 20 Plaintiff failed timely to oppose a motion to dismiss and a motion 21 to strike, both filed by Defendant PNC Bank, National Association 22 as successor by merger to National City Bank, previously doing 23 business as National City Mortgage and Accubanc Mortgage.1 24 Plaintiffs' response to these motions was originally due on June 25 9, 2011. On June 17, 2011, the Court issued an order vacating the 26 27 28 1 PNC Bank was sued erroneously as “Accubanc Mortgage a Division of National City Bank of Indiana.” 1 June 30, 2011 hearing date and giving Plaintiff a further 2 opportunity to submit his written opposition by June 30, 2011, and 3 warning him that if he did not, the Court would dismiss his 4 complaint for failure to prosecute. 5 second deadline. 6 Plaintiff's action for failure to prosecute. 7 other named Defendants had been dismissed for other reasons. 8 9 Thus, on July 7, 2011, the Court dismissed United States District Court For the Northern District of California Claims against the On July 8, 2011, Plaintiff filed a document entitled "Notice of Motion and Motion for Oppositions of the First Amended 10 Complaint." 11 opposition to the motion to dismiss. 12 without merit. 13 Plaintiff failed to meet the Docket No. 29. The Court considers that as his As such, it is untimely and The case remains closed. IT IS SO ORDERED. 14 15 16 Dated: 9/19/2011 CLAUDIA WILKEN United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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