Marcaida et al v. Washington Mutual Bank FA et al

Filing 16

ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE, ***Civil Case Terminated. Signed by Judge Yvonne Gonzalez Rogers on 6/21/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 6/21/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ELISA A. MARCAIDA and FREDERICO R.
MARCAIDA,

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Plaintiffs,

Case No.: 12-cv-00918-YGR
ORDER OF DISMISSAL FOR FAILURE TO
PROSECUTE

vs.
WASHINGTON MUTUAL BANK FA, et al.,
Defendants.

Northern District of California

United States District Court

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The Court issued an Order to Show Cause to Plaintiffs on August 21, 2012, scheduling an
Order to Show Cause hearing on September 14, 2012. (Dkt. No. 14.) Plaintiffs were ordered to file a
written response to the Order to Show Cause by September 7, 2012 and, specifically, address why the
action should not be dismissed for failure to prosecute and whether defendants had ever been served.
The Order to Show Cause noted that under Federal Rule of Civil Procedure 4(m), a defendant must be
served within 120 days from the date a lawsuit is filed. The Court also stated that “Plaintiffs’ failure
to file a written response or to appear personally will be deemed an admission that no good cause

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exists to continue prosecuting this action and the case will thereafter be dismissed.”
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Plaintiffs did not file a written response as required, nor did Plaintiffs appear at the Order to
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Show Cause hearing. The Order to Show Cause sent to Plaintiffs in August 2012 was returned as
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undeliverable, as were other items mailed to Plaintiffs in May 2012.
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In light of Plaintiffs’ failure to prosecute this action since May 2012 and failure to respond to
the Court’s Order to Show Cause, this action is hereby DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.

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Date: June 21, 2013
________________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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