Escobar v. Ocwen Loan Servicing, LLC. et al

Filing 19

Order Dismissing Case with Prejudice. The Clerk shall close the file. Signed by Judge Lucy Koh on 08/26/2016. (lhklc2S, COURT STAFF) (Filed on 8/26/2016)

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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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MANUEL ESCOBAR,

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Plaintiff,

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Case No. 16-CV-02728-LHK
ORDER DISMISSING CASE WITH
PREJUDICE

v.
OCWEN LOAN SERVICING, LLC, et al.,
Defendants.

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On July 25, 2016, the Court issued an order granting Defendants’ motion to dismiss

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Plaintiff’s complaint without prejudice. ECF No. 16. This Order stated that, “[s]hould Plaintiff

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elect to file an amended complaint . . . , Plaintiff shall do so within 30 days of the date of this

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Order. Failure to meet the 30 day deadline to file an amended complaint . . . will result in a

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dismissal with prejudice.” Id. at 2. Plaintiff has not filed an amended complaint, and the deadline

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to file an amended complaint has now passed.

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Moreover, on August 17, 2016, Defendants filed a notice which stated that “[d]efense

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counsel has attempted to contact Plaintiff multiple times since August 3, 2016 to meet and confer

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regarding ADR and the Case Management Conference that is currently scheduled for August 31,

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2016. However, Plaintiff has not responded to defense counsel’s attempts.” ECF No. 18 at 2.

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Case No. 16-CV-02728-LHK
ORDER DISMISSING CASE WITH PREJUDICE

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Accordingly, this case is hereby DISMISSED with prejudice. The initial case management

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conference, currently set for August 31, 2016, at 2:00 p.m., is VACATED. The Clerk shall close

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the file.

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IT IS SO ORDERED.

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Dated: August 26, 2016.
______________________________________
LUCY H. KOH
United States District Judge

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United States District Court
Northern District of California

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Case No. 16-CV-02728-LHK
ORDER DISMISSING CASE WITH PREJUDICE