Siphengphone v. Wells Fargo Bank, N.A. et al

Filing 21

ORDER Granting 19 Defendant Wells Fargo, N.A.'s Motion to Dismiss (Dkt. 19 ). Signed by Judge John A. Houston on 10/2/2018. (All non-registered users served via U.S. Mail Service)(jdt)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

Somphet Siphengphone,

Case No.: 17-cv-02117-JAH-MDD
Plaintiff,

12
13

v.

14

ORDER GRANTING DEFENDANT
WELLS FARGO, N.A.’S MOTION
TO DISMISS

Wells Fargo Bank, N.A., et al.,

15

Defendants.

16
17

Pending before this Court is Defendant Wells Fargo Bank, N.A. (“Defendant” or

18

“Wells Fargo”) Motion to Dismiss with prejudice for failure to comply with the Court’s

19

order pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. [Doc. No. 19]. On

20

April 30, 2018, this Court granted Defendant’s motion to dismiss Plaintiff Somphet

21

Siphengphone’s (“Plaintiff”) second amended complaint. See Doc. No. 18. Plaintiff was

22

permitted twenty-days (21) to file a third amended complaint. Id. Approximately twenty-

23

two weeks have passed and Plaintiff has not filed an amended complaint.

24

Accordingly, the Court GRANTS Defendants’ Motion to Dismiss Plaintiff’s

25

Complaint in its entirety with prejudice. See Fed. R. Civ. P. 41(b) (“If the plaintiff fails to

26

prosecute or to comply with these rules or a court order, a defendant may move to dismiss

27

the action or any claim against it.”); see Lira v. Herrera, 427 F.3d 1164, 1169 (9th Cir.

28

2005) (“If a plaintiff does not take advantage of the opportunity to fix his complaint, a
1
17-cv-02117-JAH-MDD

1

district court may convert the dismissal of the complaint into dismissal of the entire

2

action.”). Because this concludes the litigation in this matter, the Clerk of Court SHALL

3

close the file.

4
5

IT IS SO ORDERED.
DATED: October 2, 2018

6
7
8

_________________________________
JOHN A. HOUSTON
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
17-cv-02117-JAH-MDD