Olson et al v. Carnegie Mortgage, LLC et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 27 , ORDER DISMISSING CASE. Signed by Judge Lucy H. Koh on 10/15/2012. (lhklc2, COURT STAFF) (Filed on 10/15/2012)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

United States District Court
For the Northern District of California

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ERIC OLSON and ANNA OLSON,

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Plaintiffs,
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v.
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CARNEGIE MORTGAGE, LLC; MORTGAGE )
ELECTRONIC REGISTRATION SYSTEMS, )
INC. (“MERS”); WELLS FARGO BANK, N.A.; )
and All Persons Claiming By, Through or Under )
Such Person, All Persons Unknown, Claiming )
Any Legal Or Equitable Title, Estate, Lien Or )
Interest In The Property Described In The
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Complaint Adverse To Plaintiffs Title Thereto; )
and DOES 1 to 20, Inclusive,
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Defendants.
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Case No.: 12-CV-03677-LHK

ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING CASE WITHOUT
PREJUDICE

Plaintiffs filed this action in state court on June 11, 2012. Defendants removed this action

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to federal court on July 13, 2012, where it was assigned to Magistrate Judge Paul Grewal. ECF

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No. 1. Defendants Carnegie Mortgage, LLC, MERS, and Wells Fargo Bank, N.A. then filed

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motions to dismiss. ECF Nos. 6, 10. Because Plaintiffs have not consented to proceed before a

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magistrate judge, the case was reassigned to the undersigned judge on August 22, 2012. ECF No.

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28. Judge Grewal has issued a Report and Recommendation that the District Judge dismiss

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Plaintiffs’ complaint for failure to prosecute. See Report and Recommendation re Defendants’

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Motion to Dismiss (“Report and Recommendation”), August 22, 2012, ECF No. 27. The Report

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and Recommendation was filed and served on August, 2012. Id. No party has objected to the
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Case No.: 12-CV-03677-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING WITHOUT PREJUDICE

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Report and Recommendation, and the time for filing objections has expired. See Fed. R. Civ. P.

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72(b)(2).

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In recommending dismissal for failure to prosecute, Judge Grewal noted two key facts:

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Plaintiffs did not appear at the August 21, 2012 case management conference, and Plaintiffs have

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not opposed Defendants’ two motions to dismiss. Id. Having reviewed the Report and

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Recommendation, as well as the record in this case, the Court finds that the Report and

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Recommendation is well-founded in fact and in law and, therefore, adopts the Report and

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Recommendation. This case is hereby dismissed without prejudice. The Clerk shall close the file.

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: October 15, 2012

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____________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-03677-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING WITHOUT PREJUDICE