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