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

Filing 36

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE, ***Civil Case Terminated.The Case Management Conference set for Monday, January 14, 2013 is VACATED. Signed by Judge Yvonne Gonzalez Rogers on 1/11/13. (fs, COURT STAFF) (Filed on 1/11/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SUSAN AGUIAR et al.,

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Plaintiffs,

Case No.: 12-CV-03653 YGR
ORDER OF DISMISSAL FOR FAILURE TO
PROSECUTE

vs.

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

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Defendants.

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Northern District of California

United States District Court

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On November 26, 2012, the Court dismissed Plaintiffs’ complaint with leave to amend by no
later than December 17, 2012. To date, Plaintiffs have not filed an Amended Complaint.

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On December 18, 2012, Defendants filed a Motion to Dismiss pursuant to Federal Rule of

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Civil Procedure 41 for failure to file an amended complaint. Plaintiffs’ Opposition was due on or

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about January 2, 2013. To date, Plaintiffs have failed to oppose that Motion.

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Plaintiffs also failed to cooperate in the preparation of a joint case management statement for
the parties’ initial case management conference, which is set for Monday, January 14, 2013.

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Based on the foregoing, dismissal of this action for failure to prosecute is appropriate.

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Accordingly, pursuant to Federal Rule of Civil Procedure 41, this action is DISMISSED

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WITHOUT PREJUDICE for failure to prosecute.
Therefore, Defendants’Motion to Dismiss (Dkt. No. 30) is GRANTED IN PART to the extent it
seeks dismissal but DENIED IN PART to the extent is seeks dismissal with prejudice.

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The Case Management Conference set for Monday, January 14, 2013 is VACATED.

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The Motions to Appear by Telephone at the Case Management Conference (Dkt. Nos. 33 &

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34) are DENIED AS MOOT.
This Order Terminates Dkt. Nos. 30, 33 & 34.
IT IS SO ORDERED.
Date: January 11, 2013

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE