Mangiafridda et al v. Wells Fargo Bank N.A

Filing 9

ORDER DISMISSING CASE. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 8/29/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 8/29/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MANGIAFRIDDA,
Appellants,

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United States District Court
Northern District of California

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Case No. 17-cv-01682-HSG
ORDER DISMISSING CASE

v.
WELLS FARGO BANK N.A,
Appellee.

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On March 27, 2017, Appellants John and Sandra Mangiafridda filed a notice of appeal

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from U.S. Bankruptcy Court. Dkt. No. 1. However, they never filed their opening brief, even

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after the Court granted an extension of time at their request. See Dkt. No. 6. The Court issued an

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order to show cause why Appellants’ claims should not be dismissed for failure to prosecute. See

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Dkt. No. 7. Appellants failed to respond by the August 14, 2017, deadline. The Court then set a

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hearing regarding the order to show cause, warning Appellants that the case may be dismissed if

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they failed to appear. Dkt. No. 8. Nevertheless, Appellants failed to appear at the August 28,

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2017 hearing, or otherwise respond to the Court’s orders. The Court therefore dismisses this

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action without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b); see also Fed. R.

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Bankr. P. 8003(a)(2). The Clerk is directed to close the case.

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IT IS SO ORDERED.
Dated: 8/29/2017
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge