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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RODOLFO AND ROBERTA E. THOMAS,
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Plaintiff(s),

No. C 12-4290 PJH

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v.

ORDER OF DISMISSAL

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CHEVY CHASE BANK F.S.B.,
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Defendant(s).
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This matter was before the court on defendant Chevy Chase Bank’s motion to

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dismiss, filed on October 23, 2012. Plaintiffs did not oppose the motion. The court granted

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defendant’s motion on January 2, 2013, as it could not find any discernable legal basis for

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the complaint. Specific instructions on how to amend were provided in the January 2, 2013

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order and a deadline of January 23, 2013 was set. The deadline passed and plaintiffs did

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not filed the amended complaint as ordered.

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Accordingly, the court having considered the five factors set forth in Malone v.

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United States Postal Service, 833 F.2d 128, 130 (9th Cir. 1987), and having determined

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that notwithstanding the public policy favoring the disposition of actions on their merits, the

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court's need to manage its docket and the public interest in the expeditious resolution of the

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litigation require dismissal of this action. In view of plaintiffs’ lack of response to this court's

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prior order, the court finds there is no appropriate less drastic sanction.

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Accordingly, this action is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b) for

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plaintiffs’ failure to prosecute.

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IT IS SO ORDERED.
Dated: February 8, 2013
______________________________
PHYLLIS J. HAMILTON
United States District Judge