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

Filing 45

ORDER DISMISSING CASE WITH PREJUDICE FOR FAILURE TO PROSECUTE. ***Civil Case Terminated. Signed by Judge Kandis A. Westmore on 9/30/2013. (kawlc1, COURT STAFF) (Filed on 9/30/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RALPH HAYES,

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Plaintiff,

Case No.: CV 13-00420 KAW
ORDER DISMISSING CASE FOR
FAILURE TO PROSECUTE

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Northern District of California

United States District Court

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v.
WELLS FARGO BANK, N.A.,
Defendant.

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Plaintiff Ralph Hayes filed this action against Defendant Wells Fargo Bank. On August

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12, 2013, the Court dismissed Plaintiff’s First Amended Complaint with leave to amend only the

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first, third, and twelfth causes of action to the extent that Plaintiff can truthfully allege non-

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preempted allegations. Plaintiff was given 30 days to file a second amended complaint, but did

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not do so, presumably because he could not allege non-preempted allegations.

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As a result, the Court dismisses Plaintiff’s complaint with prejudice for failure to
prosecute. The Clerk of the Court shall close this case.
IT IS SO ORDERED.
DATE: September 30, 2013

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KANDIS A. WESTMORE
United States Magistrate Judge