Chavez v. Experian Information Solutions, Inc. et al

Filing 55

ORDER DISMISSING DEFENDANTS WELLS FARGO CARD SERVICES, INC., EXPERIAN INFORMATION SOLUTIONS, INC., AND CREDIT ONE BANK, N.A. Signed by Judge Beth Labson Freeman on 6/14/2017. (blflc1S, COURT STAFF) (Filed on 6/14/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 SOPHIA CHAVEZ, Plaintiff, 9 10 United States District Court Northern District of California 11 12 Case No. 16-cv-04622-BLF v. EXPERIAN INFORMATION SOLUTIONS, INC., et al., ORDER DISMISSING DEFENDANTS WELLS FARGO CARD SERVICES, INC., EXPERIAN INFORMATION SOLUTIONS, INC., AND CREDIT ONE BANK, N.A. Defendants. 13 14 15 On April 17, 2017, the Court issued an order noting that Plaintiff had effected service of 16 process on Defendant Wells Fargo Card Services, Inc. (“Wells Fargo”) on August 26, 2016. See 17 Order Setting Deadline for Plaintiff to File Request for Clerk’s Entry of Default, ECF 50. The 18 Court directed Plaintiff to file a request for a Clerk’s entry of default against Wells Fargo on or 19 before May 8, 2017. Id. The court advised that “[i]f Plaintiff does not file a request for a Clerk’s 20 entry of default within the time provided, the Court will presume that Plaintiff does not intend to 21 proceed against Defendant and will dismiss the action against Defendant Wells Fargo Card 22 Services, Inc. for failure to prosecute.” Id. Plaintiff has not filed a request for a Clerk’s entry of 23 default. Accordingly, Defendant Wells Fargo is DISMISSED from this action. 24 On April 25, 2017, the Court issued an order granting motions to dismiss brought by 25 Defendants Experian Information Solutions, Inc. (“Experian”) and Credit One Bank, N.A. (“Credit 26 One”). See Order Granting Motions to Dismiss First Amended Complaint with Leave to Amend, 27 ECF 52. The Court granted Plaintiff until May 16, 2017 to amend her pleading, and stated that 28 “[f]ailure to meet the May 16 deadline to file an amended complaint or failure to cure the 1 deficiencies identified in this Order will result in a dismissal of Plaintiff’s claims with prejudice.” 2 Id. at 17. Plaintiff has not filed an amended pleading. Accordingly, Experian and Credit One are 3 DISMISSED from this action. 4 IT IS SO ORDERED. 5 6 7 8 Dated: June 14, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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