Tojino v. JP Morgan Chase Bank, N.A. et al

Filing 10

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Koh on 6/8/2011. (lhklc1, COURT STAFF) (Filed on 6/8/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN JOSE DIVISION 8 9 United States District Court For the Northern District of California 10 11 12 AMELIA J. TOJINO, Plaintiff, v. JP MORGAN CHASE BANK, N.A., et al., Defendant. 13 14 ) ) ) ) ) ) ) ) ) ) ) Case No.: 11-CV-00045-LHK ORDER DISMISSING CASE WITHOUT PREJUDICE 15 On May 18, 2011, the Court ordered Plaintiff to show cause why this case should not be 16 dismissed for failure to prosecute and failure to timely serve Defendants. The Court noted that 17 Plaintiff had failed to appear at a scheduled Case Management Conference, failed to consent or 18 decline to proceed before a Magistrate Judge by the deadline set by Judge Grewal, and failed to 19 serve Defendants within the time period set forth in Federal Rule of Civil Procedure 4(m). The 20 Court ordered Plaintiff to file a written response by June 2, 2011, and advised Plaintiff that failure 21 to timely respond would result in dismissal of this case without prejudice. Plaintiff has not filed a 22 response to the Court’s Order to Show Cause or taken any other action to litigate this case. 23 Accordingly, this action is hereby DISMISSED without prejudice for failure to timely serve 24 Defendants and failure to prosecute. The Clerk shall close the file. 25 IT IS SO ORDERED. 26 27 Dated: June 8, 2011 _________________________________ LUCY H. KOH United States District Judge 28 1 Case No.: 11-CV-00045-LHK ORDER DISMISSING CASE WITHOUT PREJUDICE

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