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

Filing 50

ORDER by Judge Hamilton granting 48 Motion to Dismiss (pjhlc2, COURT STAFF) (Filed on 12/19/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HEDDI LINDBERG,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

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ORDER DISMISSING CASE AND
VACATING HEARING

WELLS FARGO BANK N.A., et al.,

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No. C 13-0808 PJH

Defendants.
_______________________________/

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Plaintiff’s complaint in the above-captioned case was dismissed with leave to amend

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on July 9, 2013. Plaintiff was given until August 8, 2013 to file an amended complaint.

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However, plaintiff did not file an amended complaint in response to the court’s order, and

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instead filed a notice of appeal.

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On October 16, 2013, the Ninth Circuit issued an order noting that it may lack

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jurisdiction over the appeal, because this court’s order dismissing the case with leave to

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amend was not a final, appealable order. The Ninth Circuit gave the plaintiff/appellant 21

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days to either voluntarily dismiss the appeal or to show cause as to why the appeal should

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not be dismissed for lack of jurisdiction. No response was filed, and on November 25,

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2013, the Ninth Circuit dismissed the appeal for failure to respond to the October 16 order.

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On November 18, 2013, defendant Wells Fargo filed a motion to dismiss in this

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court, seeking to dismiss the entire action with prejudice for failing to comply with a court

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order, pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff’s opposition was due on

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December 2, 2013, but no response has been filed.

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Given plaintiff’s failure to (1) file an amended complaint in response to this court’s

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July 9, 2013 order, (2) respond to the Ninth Circuit’s October 16, 2013 order, and (3)

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oppose or otherwise respond to Wells Fargo’s motion to dismiss, the court finds that the

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case must be DISMISSED with prejudice pursuant to Rule 41(b). The hearing on Wells

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Fargo’s motion to dismiss, scheduled for January 8, 2014, is VACATED.

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IT IS SO ORDERED.
Dated: December 19, 2013
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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