Mondragon et al v. J.P. Morgan Chase Bank et al

Filing 26

ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE re 21 Order. Signed by Judge Alsup on August 9, 2012. (whalc2, COURT STAFF) (Filed on 8/9/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 MIRSHA-SHARONE MONDRAGON and DAVID-WYNN MILLER, Plaintiffs, 12 13 No. C 12-01878 WHA ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE v. 15 J.P. MORGAN CHASE, CALIFORNIA RECONVEYANCE CO., and FIRST AMERICAN TITLE, 16 Defendants. 14 / 17 18 By order dated June 12, 2012, plaintiffs were ordered to provide a more definite 19 statement on the grounds that their complaint was utterly unintelligible. A more definite 20 statement was due July 2. Due to a clerical error, the June 12 order was only served on plaintiff 21 Mirsha-Sharone Mondragon. Another order issued on June 25, 2012, after plaintiffs failed to 22 timely respond to defendant First American Title Company’s motion to dismiss. That order 23 required plaintiffs to show cause by July 16, why the action should not be dismissed for failure 24 to prosecute; the order also extended the deadline for plaintiffs to submit a more definite 25 statement from July 2, to July 16. Unfortunately, due to another clerical error, the June 25 order 26 was only served on plaintiff Mondragon. Another order issued on July 9, 2012, extending the 27 deadline to respond to the June 25 order to show cause from July 16, to July 30. That order was 28 1 served on both plaintiffs. Plaintiffs failed to timely respond. This action is DISMISSED for 2 failure to prosecute under Federal Rule of Civil Procedure 41(b). The CLERK shall close the 3 case file. 4 5 IT IS SO ORDERED. 6 7 Dated: August 9, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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