Magana v. Wells Fargo Bank, N.A et al

Filing 48

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE AND LIFTING PRELIMINARY INJUNCTION. Signed by Judge Claudia Wilken on 11/22/2011. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 11/22/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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VICTORIA P. MAGANA, an
individual,
Plaintiff,

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United States District Court
For the Northern District of California

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v.
WELLS FARGO BANK, N.A.; LSI TITLE
COMPANY, a California
Corporation; and NDEX WEST LLC, a
Delaware limited liability
corporation,

No. C 11-03993 CW
ORDER DISMISSING
CASE FOR FAILURE
TO PROSECUTE AND
LIFTING
PRELIMINARY
INJUNCTION

Defendants.
________________________________/

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On September 9, 2011, Defendant Wells Fargo filed a motion to

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dismiss Plaintiff Victoria P. Magana’s complaint in its entirety

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and a motion to strike portions of the complaint.1

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21, 2011, Defendant NDEX West LLC joined Defendant Wells Fargo’s

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motions.

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file her opposition to these motions by November 17, 2011.

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that time, the Court warned that Plaintiff’s failure to file an

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opposition to these motions would result in dismissal of the case

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for failure to prosecute.

On September

On October 18, 2011, the Court directed Plaintiff to
At

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On October 28, 2011, following Plaintiff’s submission of

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proof of timely payment of a bond, the Court entered a preliminary

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injunction preventing Defendants from proceeding with a trustee’s

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sale of property located at 1113 Remington Court in Sunnyvale,

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Plaintiff previously voluntarily dismissed her claims
against Defendant LSI Title Company. (Docket No. 14.)

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California, until the resolution of this case or further court

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order.

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Plaintiff has not filed an opposition to Defendants’ motions

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to dismiss and to strike.

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without prejudice for failure to prosecute and the preliminary

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injunction is lifted.

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Accordingly, the case is dismissed

IT IS SO ORDERED.
Dated: 11/22/2011

CLAUDIA WILKEN
United States District Judge

United States District Court
For the Northern District of California

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