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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 JOHN FRANCES MCCLOSKEY, III et al., 9 Plaintiffs, 10 Northern District of California United States District Court 11 Case No.: 12-CV-02775 YGR ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE vs. LAND HOME FINANCIAL SERVICES et al., 12 Defendants. 13 On February 13, 2013, the Court dismissed Plaintiffs’ complaint with leave to file a motion 14 15 for leave to file a first amended complaint. (Dkt. No. 24.) Plaintiffs were warned that failure to file a 16 motion to amend would result in dismissal of this action for failure to prosecute. (Id.) Plaintiffs, who 17 are represented by counsel, filed a Motion for Leave to File a First Amended Complaint but failed to 18 comply with the Civil Local Rules and append the proposed amended complaint to the motion. See 19 Civ. L.R. 10-1. Plaintiffs were provided until March 25, 2013 to refile the motion to amend so as to 20 comply with the local rule. (See Dkt. No. 27.) To date, Plaintiffs have not refiled their motion to 21 amend. 22 23 24 25 26 27 28 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 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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