Arrizon v. Wells Fargo Bank, N.A., et al

Filing 27

Order Dismissing Case with Prejudice for Failure to Prosecute. Signed by Judge Lucy Koh on 05/26/2016. (lhklc2S, COURT STAFF) (Filed on 5/26/2016) **THE CLERK SHALL CLOSE THE CASE FILE** Modified on 5/26/2016 (sms, COURT STAFF).

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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United States District Court
Northern District of California

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GUADALUPE ARRIZON,
Plaintiff,

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Case No. 16-CV-00959-LHK
ORDER DISMISSING CASE WITH
PREJUDICE FOR FAILURE TO
PROSECUTE

v.
WELLS FARGO BANK, N.A., et al.,
Defendants.

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On January 27, 2016, Plaintiff Guadalupe Arrizon (“Plaintiff”) filed suit against

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Defendants Wells Fargo Home Bank, N.A.; Clear Recon Corp; and World Savings Bank in

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Monterey County Superior Court. Defendants removed the action to federal court on February 26,

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2016. ECF No. 1.

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On March 4, 2016, Defendants moved to dismiss Plaintiff’s complaint. ECF No. 8. On

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March 15, 2016, U.S. Magistrate Judge Nathanael Cousins, to whom this action was originally

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assigned, issued an order “directing Plaintiff to consent [to] or decline to magistrate [judge]

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jurisdiction.” ECF No. 13 at 1. On April 4, 2016, Judge Cousins issued another order requesting

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Plaintiff either to consent to or decline magistrate judge jurisdiction. In addition, Judge Cousins

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observed that “Plaintiff . . . ha[d] not opposed defendant’s [sic] motion to dismiss the complaint.”

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ECF No. 16 at 1. Judge Cousins warned that “if [Plaintiff] does not file an opposition to the

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Case No. 16-CV-00959-LHK
ORDER DISMISSING CASE WITH PREJUDICE FOR FAILURE TO PROSECUTE

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motion to dismiss by April 13, 2016, then this Court will recommend the dismissal of [Plaintiff’s

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case].” Id. Despite Judge Cousins’s March 15, 2016, April 4, 2016, and April 13, 2016 Orders,

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Plaintiff failed to respond to Defendants’ motion to dismiss and to either consent to or decline

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magistrate judge jurisdiction.

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Accordingly, on April 21, 2016, Judge Cousins issued a report and recommendation which

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recommended that the instant action be dismissed for failure to prosecute. ECF No. 18. Judge

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Cousins also requested that this action be reassigned to the undersigned judge, as Plaintiff had

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failed to consent to or decline magistrate judge jurisdiction. Plaintiff did not respond to Judge

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Cousins’ report and recommendation.

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On May 6, 2016, pursuant to Judge Cousins’s report and recommendation, the Court

United States District Court
Northern District of California

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granted Defendants’ motion to dismiss and ordered Plaintiff to show cause why the instant action

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should not be dismissed with prejudice for failure to prosecute. ECF No. 22. Specifically, the

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Court ordered Plaintiff to respond to the Order to Show Cause by May 20, 2016, and to appear at

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the Order to Show Cause hearing, set for May 26, 2016, at 1:30 p.m. The Court noted that failure

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to respond to the Order to Show Cause and failure to appear at the May 26, 2016 hearing would

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result in the instant action being dismissed with prejudice. Plaintiff has not responded to the Order

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to Show Cause and did not appear at the May 26, 2016 hearing.

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Considering that Plaintiff has failed to oppose Defendants’ Motion to Dismiss, failed to

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respond to the Court’s Order to Show Cause, and failed to appear at the hearing set for that Order,

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and having weighed the factors set forth in Pagtalunan v. Galaza, 291 F.3d 639, 642 (9th Cir.

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2002), the Court DISMISSES WITH PREJUDICE Plaintiff’s case for failure to prosecute. See

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Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (“Failure to follow a district court’s local rules is

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a proper ground for dismissal.”). The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: May 26, 2016

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______________________________________
LUCY H. KOH
United States District Judge
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Case No. 16-CV-00959-LHK
ORDER DISMISSING CASE WITH PREJUDICE FOR FAILURE TO PROSECUTE