Yturralde v. Aztec Foreclosure Corporation et al

Filing 59

ORDER by Judge Lucy H. Koh adopting 52 Report and Recommendations. (lhklc3, COURT STAFF) (Filed on 7/16/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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JAMES YTURRALDE and IRENE
YTURRALDE,

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Case No. 15-CV-00210-LHK
ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND
RECOMMENDATION THAT CASE BE
DISMISSED FOR FAILURE TO
PROSECUTE

Plaintiffs,
v.

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AZTEC FORECLOSURE CORPORATION,
et al.,
Defendants.

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The Court has reviewed U.S. Magistrate Judge Nathanael M. Cousins’s Report and

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Recommendation (the “Report”) to dismiss Plaintiffs’ case for failure to prosecute. See ECF No.

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52. The Report was filed on June 19, 2015, and mailed to Plaintiffs that same day. ECF No. 52-1.

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The time for objections has passed, and Plaintiffs have not filed any. See 28 U.S.C. § 636(b)(1);

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Fed. R. Civ. P. 72(b).

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Having reviewed the Report, as well as the record in this case, the Court finds that the

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Report is well-founded in fact and in law, and therefore adopts the Report with one exception: the

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Court notes that on June 25, 2015—24 days after the statutory deadline, 17 days after the extended

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Case No. 15-CV-00210-LHK
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION THAT CASE BE
DISMISSED FOR FAILURE TO PROSECUTE

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deadline allowed by Judge Cousins, and 6 days after the Report was issued—Plaintiffs filed an

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opposition to Defendant Sabadell’s motion to dismiss, with no explanation or excuse for the

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opposition’s untimeliness. ECF No. 55. To date, Plaintiffs still have not opposed the motion to

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dismiss filed by Defendant Federal Deposit Insurance Corporation (“FDIC”), although that

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opposition was due on June 18, 2015.

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Based on Plaintiffs’ failure to timely oppose Sabadell’s motion to dismiss, their failure to

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oppose the FDIC’s motion to dismiss, their failure to file objections to the Report, and their

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consistent refusal to follow the Local Rules and the many orders issued by Judge Cousins as set

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forth in the Report, the Court hereby ADOPTS the Report to dismiss Plaintiffs’ case for failure to
prosecute. Accordingly, the Court hereby VACATES the motion hearings and initial case

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United States District Court
Northern District of California

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management conference set for September 24, 2015, at 1:30 p.m.

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The Clerk shall close the case file.
IT IS SO ORDERED.

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Dated: July 16, 2015
______________________________________
LUCY H. KOH
United States District Judge

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Case No. 15-CV-00210-LHK
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION THAT CASE BE
DISMISSED FOR FAILURE TO PROSECUTE