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)

1 MARY KATE SULLIVAN (State Bar No. 180203)
[e-mail]
2 KURT C. WENDLENNER (State Bar No. 238434)
[e-mail]
3 SEVERSON & WERSON
A Professional Corporation
4 One Embarcadero Center, Suite 2600
San Francisco, California 94111
5 Telephone: [phone]
Facsimile: [phone]
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