Torabi v. Washington Mutual Bank et al

Filing 30

ORDER DISMISSING CASE without prejudice. The Clerk of Court shall close this case. Signed by Judge William Q. Hayes on 7/1/14. (All non-registered users served via U.S. Mail Service)(kas)(jrd)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SEPEHR TORABI,
vs.

CASE NO.12cv1299-WQHBLM

Plaintiff,

ORDER

DEUTSCHE BANK, CITIBANK, and
DOES 1-2, inclusive,
Defendants.

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18 HAYES, Judge:
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On May 30, 2012, Plaintiff initiated this action by filing a Complaint in this

20 Court. (ECF No. 1). On July 9, 2013, Plaintiff filed the First Amended Complaint.
21 (ECF No. 18). On November 5, 2013, the Court issued an Order stating that it would
22 dismiss the action without prejudice as to Defendants Deutsche Bank and Citibank on
23 November 25, 2013, unless, before that date, Plaintiff files proof that service of the First
24 Amended Complaint was effectuated upon Defendants Deutsche Bank and Citibank.
25 (ECF No. 24). On November 25, 2013, Plaintiff filed certificates of service indicating
26 that Defendants Deutsche Bank and Citibank were both served via mail. (ECF Nos. 25,
27 26). The docket reflects that no action has been taken by Plaintiff in this case since
28 November 25, 2013.
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13cv1299-WQH-BLM

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On May 29, this Court issued an Order stating:

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Pursuant to Local Rule 41.1, “[a]ctions or proceedings which have been
pending in this court for more than six months, without any proceeding or
discovery having been taken therein during such period, may, after notice,
be dismissed by the court for want of prosecution.” S.D. Cal. Civ. Local
Rule 41.1; see also Fed. R. Civ. P. 41(b). It appearing to the Court that
dismissal for want of prosecution may be appropriate in this case, Plaintiff
is hereby ORDERED TO SHOW CAUSE as to why this case should not
be dismissed without prejudice for failure to prosecute.

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Plaintiff shall file a written response to this ORDER TO SHOW CAUSE
no later than twenty-one (21) days from the date this Order is filed. If
Plaintiff does not respond, the Court will dismiss this case without
prejudice.

9 (ECF No. 29 at 1-2). To date, Plaintiff has not responded to the Order to Show
10 Cause.
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IT IS HEREBY ORDERED that this action is DISMISSED without

12 prejudice. The Clerk of Court shall close this case.
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DATED: July 1, 2014
WILLIAM Q. HAYES
United States District Judge

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13cv1299-WQH-BLM