Moreno v. NovaStar Home Mortgage, Inc. et al

Filing 11

ORDER Dismissing Case. Signed by Judge Lucy H. Koh on 1/26/2012. (Attachments: # 1 Certificate of Mailing)(lhklc2, COURT STAFF) (Filed on 1/26/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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DANIEL T. MORENO, an individual,

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Plaintiff,
v.
NOVASTAR HOME MORTGAGE, INC.,
QUALITY LOAN SERVICES, CALWESTERN RECONVEYANCE
CORPORATION, MERS, and WACHOVIA
MORTGAGE,
Defendants.

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Case No.: 5:11-CV-04780-LHK
ORDER DISMISSING CASE FOR
FAILURE TO PROSECUTE

Plaintiff Daniel Moreno filed a complaint in state court on August 26, 2011, which

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Defendant Wachovia Mortgage then removed to federal court on September 26, 2011. See ECF

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No. 1. October 3, 2011, Wachovia Mortgage filed a Motion to Dismiss all four claims alleged in

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the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon

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which relief can be granted. See ECF No. 6. Pursuant to Civil Local Rule 7-3(a), Plaintiff’s

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opposition to the motion to dismiss was due on October 17, 2011. Plaintiff has not filed an

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opposition or statement of nonopposition to Defendant’s motion to dismiss.

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On January 11, 2012, the Court ordered Plaintiff to show cause why this case should not be

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dismissed for failure to prosecute. ECF No. 9. A copy of the order was mailed to the Plaintiff.

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See ECF No. 9-1. Plaintiff was ordered to respond to the order to show cause by January 19, 2012.
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Case No.: 11-cv-04780-LHK
ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE

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Plaintiff has not filed a response. A hearing on the order to show cause was held on January 26,

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2012. Plaintiff failed to appear at this hearing. In light of Plaintiffs’ failure to respond to the order

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to show cause and failure to appear at the January 26, 2012 hearing, the Court DISMISSES this

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case with prejudice for failure to prosecute. The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: January 26, 2012

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LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 11-cv-04780-LHK
ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE