McCloskey et al v. Land Home Financial Services et al

Filing 28

ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE; Motion for Leave to File First Amended Complaint 26 is denied, ***Civil Case Terminated. Signed by Judge Yvonne Gonzalez Rogers on 4/4/13. (fs, COURT STAFF) (Filed on 4/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN FRANCES MCCLOSKEY, III et al.,

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Plaintiffs,

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Northern District of California

United States District Court

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Case No.: 12-CV-02775 YGR
ORDER OF DISMISSAL FOR FAILURE TO
PROSECUTE

vs.
LAND HOME FINANCIAL SERVICES et al.,

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Defendants.

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On February 13, 2013, the Court dismissed Plaintiffs’ complaint with leave to file a motion

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for leave to file a first amended complaint. (Dkt. No. 24.) Plaintiffs were warned that failure to file a

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motion to amend would result in dismissal of this action for failure to prosecute. (Id.) Plaintiffs, who

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are represented by counsel, filed a Motion for Leave to File a First Amended Complaint but failed to

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comply with the Civil Local Rules and append the proposed amended complaint to the motion. See

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Civ. L.R. 10-1. Plaintiffs were provided until March 25, 2013 to refile the motion to amend so as to

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comply with the local rule. (See Dkt. No. 27.) To date, Plaintiffs have not refiled their motion to

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amend.

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Plaintiffs’ Motion for Leave to File First Amended Complaint (Dkt. No. 26) is DENIED for
failure to comply with the Local Rules of Court.
Accordingly, pursuant to Federal Rule of Civil Procedure 41, this action is DISMISSED
WITHOUT PREJUDICE for failure to prosecute.
IT IS SO ORDERED.
Date: April 4, 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE