Serrano v. World Savings Bank, FSB et al

Filing 21

ORDER Dismissing Case. Signed by Judge Lucy H. Koh on 7/18/12. (Attachments: # 1 Certificate/Proof of Service)(lhklc3S, COURT STAFF) (Filed on 7/18/2012)

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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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LETICIA SERRANO,

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Plaintiff,
v.

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WORLD SAVINGS BANK, FSB, et al.,
Defendants.

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Case No.: 5:12-CV-00467-LHK
ORDER DISMISSING CASE FOR
FAILURE TO PROSECUTE

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Plaintiff Leticia Serrano (“Plaintiff”) filed a complaint in state court on December 5, 2011,

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which Defendant Wells Fargo Bank 1 then removed to federal court on January 30, 2012. See ECF

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No. 1. On February 7, 2012, Wells Fargo filed a Motion to Dismiss Plaintiff’s Complaint. See

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ECF No. 10. Pursuant to Civil Local Rule 7-3(a), Plaintiffs’ opposition to the motion to dismiss

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was due on February 21, 2012. Plaintiff has not filed an opposition or statement of nonopposition

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to Defendant’s motion to dismiss. This case was reassigned to the undersigned judge on March 7,

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2012, because this case is related to another lawsuit previously filed by Plaintiff against World

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Savings Bank, 11-CV-00105-LHK. See Order Relating Case, ECF No. 13.

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On June 25, 2012, the Court ordered Plaintiff to show cause why this case should not be
dismissed for failure to prosecute. See ECF No. 18. The Order to Show Cause (“OSC”) required

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Wells Fargo was formerly known as Wachovia, which was formerly known as World Savings
Bank. See Notice of Removal at 2. ECF No. 1.
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Case No.: 12-CV-00467-LHK
ORDER DISMISSING CASE

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Plaintiff to respond to the OSC by July 11, 2012, and to attend an OSC hearing on July 18, 2012.

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The OSC notified Plaintiff that failure to respond to the Order or to appear at the July 18, 2012

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hearing would result in dismissal with prejudice for failure to prosecute. See id.

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Plaintiff failed to respond to the OSC and failed to appear at the OSC hearing.

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Accordingly, this action is DISMISSED with prejudice for failure to prosecute. The Clerk shall

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close the file.

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IT IS SO ORDERED.

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Dated: July 18, 2012

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LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

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Case No.: 12-CV-00467-LHK
ORDER DISMISSING CASE