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

Filing 25

ORDER DISMISSING WITHOUT PREJUDICE PLAINTIFF'S COMPLAINT AGAINST DEFENDANT KEVIN A. HARRIS AND HARRIS ROSALES & HARRIS FOR FAILURE TO SERVE AND PROSECUTE ACTION. Signed by Judge Yvonne Gonzalez Rogers on 6/8/12. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 6/8/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BETTY-JEAN BURNETT,

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Plaintiff,
v.

Case No.: 4:11-cv-06326-YGR
ORDER DISMISSING PLAINTIFF’S COMPLAINT
AGAINST DEFENDANTS KEVIN A. HARRIS
AND HARRIS ROSALES & HARRIS FOR
FAILURE TO SERVE AND PROSECUTE ACTION

WELLS FARGO BANK, N.A., et al.,
Defendants.

Northern District of California

United States District Court

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On April 24, 2012, the Court issued an Order to Show Cause Why This Action Should Not Be
Dismissed for Failure to Serve or Prosecute. (Dkt. No. 23.) The Order to Show Cause hearing was
scheduled for June 8, 2012. In the Order to Show Cause, the Court stated that Plaintiff must file a
written response and personally appear if she wished to further prosecute this action as to the
remaining defendants, having failed to serve them within 120 days from the date the lawsuit was filed.
The Court stated that: “Plaintiff’s failure to file a written response or to appear personally will be
deemed an admission that no good cause exists to continue prosecuting this action and the case will
thereafter be dismissed.” (Dkt. No. 23.)
Plaintiff did not appear at the hearing on June 8, 2012, nor did she file any written response to
the Order to Show Cause. By these actions, Plaintiff has admitted that no good cause exists to
continue with this action. For the foregoing reasons, this action is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.

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Dated: June 8, 2012
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_________________________________________

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE