Ballard v. Bank Of America et al
Filing
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ORDER DISMISSING CASE. Judgment shall be entered in favor of Defendant and the clerk shall close this file. Signed by Judge Edward J. Davila on 3/24/2014. (ejdlc1S, COURT STAFF) (Filed on 3/24/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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KELLIE M. BALLARD,
CASE NO. 5:13-cv-02458 EJD
ORDER DISMISSING CASE
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Plaintiff(s),
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v.
BANK OF AMERICA, N.A., et. al.,
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For the Northern District of California
United States District Court
Defendant(s).
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On March 13, 2014, the court issued an Order to Show Cause requiring Plaintiff to show, no
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later than March 21, 2014, why this action should not be dismissed as moot after a related Maryland
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action was finally decided against Plaintiff. See Docket Item No. 19. Plaintiff did not file a
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response to the Order to Show Cause by the imposed deadline.
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Accordingly, this action is DISMISSED AS MOOT for the reasons previously identified.
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The dismissal will be with prejudice since the court concludes, based on the specific nature of the
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relief sought, that the conduct at issue cannot be repeated. See Landers v. Curran & Connors, Inc.,
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No. C 05-03169 WHA, 2006 U.S. Dist. LEXIS 15770, at *6, 2006 WL 708948 (N.D. Cal. Mar. 21,
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2006) (“If defendant can never again engage in the challenged conduct, the action is permanently
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moot.”). Judgment shall be entered in favor of Defendant and the clerk shall close this file.
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IT IS SO ORDERED.
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Dated: March 24, 2014
EDWARD J. DAVILA
United States District Judge
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CASE NO. 5:13-cv-02458 EJD
ORDER DISMISSING CASE
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