Evans Tire & Service Centers, Inc. v. Bank of America et al

Filing 11

ORDER: To date, Plaintiff has not filed any motion for leave to file a first amended complaint or proposed first amended complaint. The case is dismissed without prejudice. Signed by Judge William Q. Hayes on 4/25/2012. (mdc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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EVANS TIRE & SERVICE CENTERS,
INC., a California corporation,

CASE NO. 11cv2128 WQH (WVG)
ORDER

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Plaintiff,
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vs.
BANK OF AMERICA, a California
corporation; DOES 1through 10,

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Defendants.

14 HAYES, Judge:
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On August 5, 2011, Plaintiff Evans Tire & Service Centers, Inc. initiated this action by

16 filing a Complaint in San Diego County Superior Court. (ECF No. 1-1 at 2). On September
17 14, 2011, Defendant Bank of America removed the matter to this Court. (ECF No. 1).
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On September 21, 2011, Defendant filed a Motion to Dismiss the Complaint for failure

19 to state a claim. (ECF No. 5). On March 14, 2012, the Court granted the Motion to Dismiss.
20 (ECF No. 10). The Court stated that Plaintiff “may file a motion for leave to file a first
21 amended complaint, accompanied by a proposed first amended complaint, within thirty days
22 from the date of this order. If no motion is filed, the case will be dismissed without prejudice.”
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To date, Plaintiff has not filed any motion for leave to file a first amended complaint

24 or proposed first amended complaint. Accordingly, the case is dismissed without prejudice.
25 DATED: April 25, 2012
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WILLIAM Q. HAYES
United States District Judge

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11cv2128 WQH (WVG)