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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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CARLOS FIGUEROA,

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Plaintiff,

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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.
________________________________/

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The Court has dismissed this action for failure to prosecute.
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Plaintiff failed timely to oppose a motion to dismiss and a motion
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to strike, both filed by Defendant PNC Bank, National Association
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as successor by merger to National City Bank, previously doing
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business as National City Mortgage and Accubanc Mortgage.1

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Plaintiffs' response to these motions was originally due on June
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9, 2011.

On June 17, 2011, the Court issued an order vacating the

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PNC Bank was sued erroneously as “Accubanc Mortgage a Division
of National City Bank of Indiana.”

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June 30, 2011 hearing date and giving Plaintiff a further

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opportunity to submit his written opposition by June 30, 2011, and

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warning him that if he did not, the Court would dismiss his

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complaint for failure to prosecute.

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second deadline.

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Plaintiff's action for failure to prosecute.

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other named Defendants had been dismissed for other reasons.

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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

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Complaint."

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opposition to the motion to dismiss.

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without merit.

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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.

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Dated: 9/19/2011

CLAUDIA WILKEN
United States District Judge

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