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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MANGIAFRIDDA, Appellants, 8 9 10 United States District Court Northern District of California 11 Case No. 17-cv-01682-HSG ORDER DISMISSING CASE v. WELLS FARGO BANK N.A, Appellee. 12 13 On March 27, 2017, Appellants John and Sandra Mangiafridda filed a notice of appeal 14 from U.S. Bankruptcy Court. Dkt. No. 1. However, they never filed their opening brief, even 15 after the Court granted an extension of time at their request. See Dkt. No. 6. The Court issued an 16 order to show cause why Appellants’ claims should not be dismissed for failure to prosecute. See 17 Dkt. No. 7. Appellants failed to respond by the August 14, 2017, deadline. The Court then set a 18 hearing regarding the order to show cause, warning Appellants that the case may be dismissed if 19 they failed to appear. Dkt. No. 8. Nevertheless, Appellants failed to appear at the August 28, 20 2017 hearing, or otherwise respond to the Court’s orders. The Court therefore dismisses this 21 action without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b); see also Fed. R. 22 Bankr. P. 8003(a)(2). The Clerk is directed to close the case. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: 8/29/2017 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge

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