Encarnacion Iniguez v. Young Home Mortgage LLC et al

Filing 10

JUDGMENT AND ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE by Judge Jesus G. Bernal. (MD JS-6, Case Terminated). (mz)

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1 2 3 JS-6 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 ENCARNACION INIGUEZ, 12 13 14 15 16 ) ) Plaintiff, ) ) v. ) ) YOUNG HOME MORTGAGE LLC, ) et al. ) ) ) Defendants. ) ________________________ ) Case No. EDCV 13-00216-JGB (SPx) JUDGMENT AND ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE 17 18 On January 2, 2013, Plaintiff Encarnacion Iniguez 19 filed a complaint in state court against Defendants Young 20 Home Mortgage, LLC ("Young"), Wells Fargo Home Mortgage 21 N.A. ("Wells Fargo"), National City Mortgage, 22 ("National"), PNC Mortgage ("PNC"), and fictitious 23 entities (collectively, "Defendants"). (Not. of Removal, 24 Exh. 1, Doc. No. 1.) On February 1, 2013, Defendants 25 removed the action to this Court. (Not. of Removal.) 26 On February 8, 2013, National and PNC filed a motion 27 to dismiss Plaintiff's complaint. (Doc. No. 4.) 28 Court granted the motion on March 12, 2013 due to The 1 Plaintiff's failure to oppose and entered judgment 2 dismissing PNC and National from the complaint without 3 prejudice. 4 (Doc. Nos. 7-8.) On July 12, 2013, the Court issued an order to show 5 cause by July 23, 2013 why the case should not be 6 dismissed for lack of prosecution as to the remaining 7 Defendants. (Doc. No. 9.) The Court put Plaintiff on 8 notice that failure to respond to the order would be 9 deemed consent to the dismissal of the action. (Id.) As 10 of the date of this Order, Plaintiff has not responded to 11 the order to show cause, nor has he filed the required 12 proofs of service. 13 Accordingly, the Court DISMISSES Plaintiff's 14 Complaint WITHOUT PREJUDICE. The Court orders that such 15 judgment be entered. 16 17 18 8/13/13 Dated: 19 JESUS G. BERNAL United States District Judge 20 21 22 JS-6 23 24 25 26 27 28 2

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