Fresquez v. Nationstar Mortgage, LLC et al

Filing 52

ORDER that Plaintiff's 1 -2 Complaint is Dismissed with prejudice for failure to abide by the orders of the Court and failure to prosecute. The Clerk of the Court shall enter judgment for Defendants and against Plaintiff. Signed by Judge Kent J. Dawson on 9/25/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 ERNEST FRESQUEZ, JR., 11 Plaintiff, 12 v. 13 Case No. 2:16-CV-01274-KJD-NJK NATIONSTAR MORTGAGE, LLC, et al., 14 ORDER Defendants. 15 16 On July 5, 2017, the Court granted Defendants’ motion to enforce the settlement agreement. 17 The Court ordered the parties to either file a signed and executed settlement agreement or for 18 Plaintiff to vacate the property within thirty (30) days of payment being tendered. Plaintiff failed to 19 execute the settlement agreement. Further Plaintiff’s counsel informed Defendants that his client 20 failed to maintain contact with his attorney and failed to abide by the orders of the Court. 21 On August 31, 2017, the Court ordered Plaintiff to show cause why his complaint should not 22 be dismissed for failure to abide by the orders of the court and failure to prosecute. The Court warned 23 Plaintiff that if he failed to respond, his complaint would be dismissed with prejudice. Though the 24 time for doing so has passed, Plaintiff has failed to respond or otherwise show cause. Therefore, the 25 Court dismisses Plaintiff’s complaint for failure to abide by the orders of the Court and failure to 26 prosecute. 1 2 3 4 5 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Complaint (#1-2) is DISMISSED with prejudice for failure to abide by the orders of the Court and failure to prosecute; IT IS FURTHER ORDERED that the Clerk of the Court enter JUDGMENT for Defendants and against Plaintiff. DATED this 25th day of September 2017. 6 7 8 9 _____________________________ Kent J. Dawson United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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