Thomas et al v. Chevy Chase Bank

Filing 11

ORDER of dismissal. Signed by Judge Hamilton on 02/08/2013. (pjhlc2, COURT STAFF) (Filed on 2/8/2013) (Additional attachment(s) added on 2/8/2013: # 1 Certificate/Proof of Service) (nah, COURT STAFF).

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 RODOLFO AND ROBERTA E. THOMAS, 6 Plaintiff(s), No. C 12-4290 PJH 7 v. ORDER OF DISMISSAL 8 CHEVY CHASE BANK F.S.B., 9 10 Defendant(s). ___________________________________/ 11 This matter was before the court on defendant Chevy Chase Bank’s motion to 12 dismiss, filed on October 23, 2012. Plaintiffs did not oppose the motion. The court granted 13 defendant’s motion on January 2, 2013, as it could not find any discernable legal basis for 14 the complaint. Specific instructions on how to amend were provided in the January 2, 2013 15 order and a deadline of January 23, 2013 was set. The deadline passed and plaintiffs did 16 not filed the amended complaint as ordered. 17 Accordingly, the court having considered the five factors set forth in Malone v. 18 United States Postal Service, 833 F.2d 128, 130 (9th Cir. 1987), and having determined 19 that notwithstanding the public policy favoring the disposition of actions on their merits, the 20 court's need to manage its docket and the public interest in the expeditious resolution of the 21 litigation require dismissal of this action. In view of plaintiffs’ lack of response to this court's 22 prior order, the court finds there is no appropriate less drastic sanction. 23 Accordingly, this action is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b) for 24 plaintiffs’ failure to prosecute. 25 26 27 28 IT IS SO ORDERED. Dated: February 8, 2013 ______________________________ PHYLLIS J. HAMILTON United States District Judge

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