The Estate of Jean Ellyn Tuck et al v. CF Real Estate Services

Filing 4

ORDER DISMISSING CASE. Signed by Judge Janis L. Sammartino on 7/16/2021. (All non-registered users served via U.S. Mail Service) (tcf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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THE ESTATE OF JEAN ELLYN TUCK,
and THE ESTATE OF ROBERT JAMES
TUCK

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Case No.: 21-CV-920 JLS (BLM)
ORDER DISMISSING CASE

Plaintiff,
v.
CF REAL ESTATE SERVICES,

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Defendant.

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On May 27, 2021, the Court dismissed Plaintiffs Estate of Jean Ellyn Tuck and

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Estate of Robert James Tuck’s Complaint without prejudice for improper venue. ECF No.

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3. The Court granted Plaintiffs leave to file an amended complaint within forty-five (45)

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days that sets forth a basis for venue in the Southern District of California. Id. at 4. The

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Court warned that “[s]hould Plaintiffs fail to file an amended complaint within the time

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provided, the Court will enter a final order dismissing this civil action with prejudice.” Id.

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(citing Lira v. Herrera, 427 F.3d 1164, 1169 (9th Cir. 2005)). However, the Court stated

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that “[s]uch dismissal would be without prejudice to Plaintiffs refiling their claims in the

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proper venue.” Id.

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Plaintiffs have failed to file an amended complaint by the July 12, 2021, deadline.

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Accordingly, the Court DISMISSES WITH PREJUDICE the action. This dismissal is
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21-CV-920 JLS (BLM)

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WITHOUT PREJUDICE to Plaintiffs refiling their claims in the proper venue. The

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Clerk of the Court SHALL CLOSE the file.

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IT IS SO ORDERED.
Dated: July 16, 2021

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21-CV-920 JLS (BLM)