Suarez v. Countrywide Bank, N.A. et al

Filing 22

ORDER DISMISSING CASE. Signed by Judge Lucy H. Koh on 11/2/2012. (lhklc2, COURT STAFF) (Filed on 11/2/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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ARMANDO SUAREZ,
Plaintiff,

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v.
COUNTRYWIDE BANK, N.A., et al.,

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Defendants.

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Case No.: 12-CV-01319-LHK
ORDER DISMISSING CASE WITH
PREJUDICE

Plaintiff Armando Suarez (“Plaintiff”) filed his complaint in this Court on March 16, 2012,

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alleging ten claims. ECF No. 1. On July 30, 2012, Defendants Countrywide Bank, N.A.

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(“Countrywide”), Recontrust Company, N.A. (“Recontrust”), and Bank of America, N.A. (“Bank

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of America”) filed a motion to dismiss all ten of Plaintiff’s claims, pursuant to Federal Rule of

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Civil Procedure 12(b)(6). 1 See ECF No. 12. Pursuant to Civil Local Rule 7-3(a), Plaintiff’s

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opposition to the motion to dismiss was due on August 13, 2012. Plaintiff never filed an

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opposition or statement of nonopposition to Defendants’ motion to dismiss.

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On October 9, 2012, the Court issued an Order to show cause why this case should not be

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dismissed for failure to prosecute. ECF No. 20. The Court Ordered Plaintiff to file a response by

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October 24, 2012 and to appear at a hearing on November 1, 2012, or his case would be dismissed

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Defendants Regina D. Myles and Diane Bolton filed a joinder in the motion to dismiss on August
14, 2012. ECF No. 17. Defendant The Bank of New York Mellon filed a joinder in the motion to
dismiss on August 16, 2012. ECF No. 19.
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Case No.: 12-CV-1319-LHK
ORDER DISMISSING CASE WITH PREJUDICE

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with prejudice for failure to prosecute. Plaintiff did not file a response, and did not appear at the

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hearing. Accordingly, this case is dismissed with prejudice for failure to prosecute. The Clerk

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shall close the file.

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IT IS SO ORDERED.

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Dated: November 2, 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.: 12-CV-1319-LHK
ORDER DISMISSING CASE WITH PREJUDICE