Ferchau v. CitiMortgage, Inc.

Filing 41

Order Dismissing with Prejudice. The Clerk shall close the file. Signed by Judge Lucy H. Koh on 1/31/2014. (lhklc1, COURT STAFF) (Filed on 1/31/2014)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 CHARLES FERCHAU, 12 13 14 Plaintiff, v. CITIMORTGAGE, INC.; and DOES 1-100, Inclusive, 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 13-CV-00941-LHK ORDER DISMISSING WITH PREJUDICE On January 2, 2014, the Court granted Defendants’ motion to dismiss Plaintiff’s complaint 18 in its entirety. See ECF No. 39. In that Order, the Court held, “[s]hould Plaintiff elect to file a 19 Second Amended Complaint curing the deficiencies identified herein, he shall do so within 21 days 20 of the date of this order. Failure to meet the 21-day deadline to file an amended complaint or 21 failure to cure the deficiencies identified in this order will result in a dismissal with prejudice.” Id. 22 at 12. More than 21 days have elapsed since that order, and Plaintiff has not filed an amended 23 complaint. Accordingly, the Court dismisses Plaintiff’s complaint with prejudice. The Clerk shall 24 close the file. 25 26 Dated: January 31, 2014 _________________________________ LUCY H. KOH United States District Judge 27 28 1 Case No.: 13-CV-00941-LHK ORDER DISMISSING WITH PREJUDICE

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