Laygo et al v. World Savings Bank et al

Filing 14

ORDER DISMISSING CASE; ORDER ADOPTING REPORT AND RECOMMENDATION. Signed by Judge Hamilton on 3/28/2013. (pjhlc1, COURT STAFF) (Filed on 3/28/2013)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 11 For the Northern District of California United States District Court 10 ANDREA C. LAYGO, et al. 12 Plaintiffs, 13 v. 14 WORLD SAVINGS BANK, et al., 15 No. C 12-5531 PJH ORDER DISMISSING CASE; ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Defendants. _______________________________/ 16 17 Plaintiffs filed the complaint in the above-entitled action on October 26, 2013. No 18 summons was issued at that time, or thereafter. On December 26, 2013, mail sent to 19 plaintiffs was returned to the court as undeliverable. Again, on January 15, 2013, and 20 January 17, 2013, mail sent to plaintiffs was returned as undeliverable. 21 On March 5, 2013, Magistrate Judge Laurel Beeler (to whom the case was then 22 assigned), issued an order to show cause why the case should not be dismissed for failure 23 to prosecute, given plaintiffs’ failure to provide any proof of service of the summons and 24 complaint on defendants within the 120 days allowed under Federal Rule of Civil Procedure 25 4(m). 26 Plaintiffs did not respond to the order to show cause, and on March 28, 2013, Judge 27 Beeler issued a report and recommendation, recommending that the case be dismissed for 28 failure to prosecute. Also on March 28, 2013, the case was reassigned to the undersigned 1 2 district judge. The court has reviewed the report, and finds it correct, well-reasoned and thorough, 3 and adopts it in every respect. Accordingly, the case is DISMISSED, without prejudice, for 4 failure to prosecute. As a further basis for dismissal, the court finds that the case must be 5 dismissed based on plaintiffs' failure to provide the court with a correct address. See Civ. 6 L.R. 3-11. 7 In view of the fact that no summons was issued (and that defendants thus cannot 8 have been properly served), and the fact that all mail sent to plaintiffs has been returned to 9 the court as undeliverable, the court finds it unnecessary to delay issuing this order until after the 14 days allowed under 28 U.S.C. § 636(b)(1) for parties to file objections to a 11 For the Northern District of California United States District Court 10 magistrate judge's report and recommendation. 12 13 IT IS SO ORDERED. 14 Dated: March 28, 2013 ______________________________ PHYLLIS J. HAMILTON United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?