Arjonilla v. Aztec Foreclosure Corporation et al

Filing 12

ORDER Granting (Doc. 11 ) Defendant's Ex Parte Application for Judgment of Dismissal. The Court Orders this matter Dismissed With Prejudice and Judgment shall be entered in favor of Defendant U.S. Bank. Signed by Judge Thomas J. Whelan on 10/30/09. (Ex Parte Application for Judgment of Dismissal terminated)(All non-registered users served via U.S. Mail Service)(cap)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 v. AZTEC FORECLOSURE CORPORATION, et al., CARMEN ARJONILLA, Plaintiff, CASE NO. 09-CV-1599 W (RBB) ORDER GRANTING DEFENDANT'S EX PARTE APPLICATION FOR JUDGMENT OF DISMISSAL (DOC. 11) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Defendant. Pending before the Court is Defendant U.S. Bank's ("Countrywide") ex parte

19 application for entry of a judgment of dismissal pursuant to Federal Rule of Civil 20 Procedure 41(b). (Doc. 11.) Plaintiff has not opposed the application. 21 Rule 41(b) provides that "[i]f the plaintiff fails . . . to comply with these rules or 22 a court order, a defendant may move to dismiss the action or any claim against it. 23 Unless the dismissal order states otherwise, a dismissal under this subdivision (b) . . . 24 operates as an adjudication on the merits." On September 2, 2009, this Court issued an order granting Defendant U.S. 25 26 Bank's motion to dismiss the complaint. (See Doc. 9.) However, the order granted 27 Plaintiff leave to amend the complaint until October 2, 2009. 28
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To date Plaintiff has not filed an amended complaint, nor has she filed a motion

2 or ex parte application requesting additional time in which to do so. Accordingly, the 3 Court GRANTS Defendant's ex parte application (Doc. 11) and ORDERS this matter 4 DISMISSED WITH PREJUDICE and JUDGMENT shall be entered in favor of 5 Defendant U.S. Bank. 6 7 8 9 10 DATED: October 30, 2009 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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IT IS SO ORDERED.

Hon. Thomas J. Whelan United States District Judge