Fa et al v. Deutsche Bank National Trust Company et al

Filing 23

ORDER DISMISSING PLAINTIFFS' ACTION FOR FAILURE TO PROSECUTE. Signed by Judge Claudia Wilken on 10/31/2011. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 10/31/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 MATIU K. FA and TOLIFILI FA, 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 No. C 11-4024 CW ORDER DISMISSING PLAINTIFFS' ACTION FOR FAILURE TO PROSECUTE Plaintiff, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as trustee for LONG BEACH MORTGAGE LOAN TRUST 2006-8 ASSET-BACKED CERTIFICATES, SERIES 2006-8; JPMORGAN CHASE BANK NATIONAL ASSOCIATION, successor in interest to WASHINGTON MUTUAL BANK; ALL PERSONS CLAIMING BY, THROUGH, OR UNDER SUCH PERSON, OR PERSONS, ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN REAL PROPERTY DESCRIBED IN THIS COMPLAINT AS "1635 WOLFE DRIVE SAN MATEO, CA 94402," ADVERSE TO THE PLAINTIFFS' TITLE THERETO, OR ANY CLOUD ON PLAINTIFFS' TITLE THERETO and DOES 1 THROUGH 100, INCLUSIVE, Defendants. ________________________________/ 19 20 On August 24, 2011, Defendants Deutsche Bank National Trust 21 Company, as trustee for Long Beach Mortgage Loan Trust 2006-8 22 Asset-Backed Certificates, Series 2006-8, and JPMorgan Chase Bank, 23 N.A. moved to dismiss Plaintiffs' complaint, pursuant to Federal 24 Rule of Civil Procedure 12(b)(6). 25 initial deadline to oppose the motion, the Court ordered 26 Plaintiffs to file their opposition to the motion to dismiss on or 27 before October 25, 2011, or face dismissal of their complaint for 28 failure to prosecute. After Plaintiffs missed the Plaintiffs have failed to comply with the 1 Court's order. 2 prosecute. 3 Therefore, the action is dismissed for failure to IT IS SO ORDERED. 4 5 6 Dated: 10/31/2011 CLAUDIA WILKEN United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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