Fevinger v. Bank of America , N.A.

Filing 86

ORDER OF DISMISSAL RE NATIONSTAR MORTGAGE LLC Signed by Judge Paul S. Grewal on September 5, 2014. (psglc2, COURT STAFF) (Filed on 9/5/2014)

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1 MARY KATE SULLIVAN (State Bar No. 180203) mks@severson.com 2 KURT C. WENDLENNER (State Bar No. 238434) kcw@severson.com 3 SEVERSON & WERSON A Professional Corporation 4 One Embarcadero Center, Suite 2600 San Francisco, California 94111 5 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 6 Attorneys for Defendant 7 NATIONSTAR MORTGAGE LLC 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA — SAN JOSE DIVISION 10 11 RACHEL FEVINGER, an individual, Case No. 5:13-cv-04839-PSG 12 Plaintiff, 13 [PROPOSED] ORDER OF DISMISSAL RE NATIONSTAR MORTGAGE LLC vs. 14 BANK OF AMERICA, a national association; 15 US BANK, N.A. as Trustee for Wamu Mortgage Pass-Through Certificates, Series 16 WMALT 2006-AR1; NATIONSTAR MORTGAGE LLC, a limited liability 17 corporation; and Does 1 through 100, inclusive, 18 Defendants. 19 20 21 On August 22, 2014, the Court issued an Order (Docket No. 84) providing Plaintiff Rachel 22 Fevinger with leave to amend her complaint, up until August 29, 2014. Plaintiff failed to file an 23 amended complaint by August 29, 2014. A District Court may dismiss an action pursuant to 24 Federal Rule of Civil Procedure 41(b) when a plaintiff fails to comply with a court-ordered 25 amendment deadline. Yourish v. California Amplifier, 191 F.3d 983 (9th Cir. 1999); see Link v. 26 Wabash R.R. Co., 370 U.S. 626, 630 (1962). 27 IT IS HEREBY ORDERED THAT Nationstar Mortgage LLC’s (“Nationstar”) Motion to 28 Dismiss Plaintiff Rachel Fevinger’s (“Plaintiff”) Third Amended Complaint is GRANTED. 11951.0398/3418888.1 5:13-cv-04839-PSG [PROPOSED] ORDER OF DISMISSAL

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