Bonete v. World Savings Bank, FSB et al

Filing 27

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 11/10/15. (jjoS, COURT STAFF) (Filed on 11/10/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOSE A. BONETE,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 15-01219 JSW

v.

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WORLD SAVINGS BANK, FSB, et al.,

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ORDER OF DISMISSAL

Defendants.
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On August 11, 2015, this Court granted Defendant Wells Fargo’s motion to dismiss and

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granted Plaintiff leave to amend only as to his claims for violation of Section 17200 and fraud

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and intentional deceit under California Civil Code section 1709. The Court indicated that

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Plaintiff was permitted to file an amended complaint by no later than September 4, 2015. The

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Court further admonished that failure to file an amended complaint by September 4, 2015

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would result in dismissal of this action. Plaintiff did not file an amended complaint.

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Thereafter, on October 6, 2015, Defendant moved pursuant to Federal Rule of Civil

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Procedure 41(b) to dismiss the matter with prejudice for failure to timely amend following a

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12(b)(6) motion. See Yourish v. California Amplifier, 191 F.3d 983, 986 (9th Cir. 1999).

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Having not received a timely opposition to the motion to dismiss, on November 2, 2015,

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Defendant filed a notice of non-receipt of opposition. Accordingly, Plaintiff has had multiple

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notices of his failure to amend the complaint.

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As indicated in its original order granting Defendant’s motion to dismiss with leave to
amend, having received no amended complaint, the Court HEREBY DISMISSES this action

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with prejudice.
IT IS SO ORDERED.

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Dated: November 10, 2015
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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