Filed: Oct. 30, 2019
Latest Update: Oct. 30, 2019
Summary: ORDER KIMBERLY J. MUELLER , Magistrate Judge . Defendant Wells Fargo moves to dismiss this case under Rule 41, due to plaintiffs' failure to file a second amended complaint. ECF No. 17. For the reasons below, the court GRANTS the motion. On August 6, 2019, the court issued an order detailing the numerous instances in which plaintiffs' counsel exhibited an unwillingness or inability to timely prosecute this case. See Order, ECF No. 16, at 1 (citing Orders to Show Cause, ECF Nos. 6, 8, 11
Summary: ORDER KIMBERLY J. MUELLER , Magistrate Judge . Defendant Wells Fargo moves to dismiss this case under Rule 41, due to plaintiffs' failure to file a second amended complaint. ECF No. 17. For the reasons below, the court GRANTS the motion. On August 6, 2019, the court issued an order detailing the numerous instances in which plaintiffs' counsel exhibited an unwillingness or inability to timely prosecute this case. See Order, ECF No. 16, at 1 (citing Orders to Show Cause, ECF Nos. 6, 8, 11,..
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ORDER
KIMBERLY J. MUELLER, Magistrate Judge.
Defendant Wells Fargo moves to dismiss this case under Rule 41, due to plaintiffs' failure to file a second amended complaint. ECF No. 17. For the reasons below, the court GRANTS the motion.
On August 6, 2019, the court issued an order detailing the numerous instances in which plaintiffs' counsel exhibited an unwillingness or inability to timely prosecute this case. See Order, ECF No. 16, at 1 (citing Orders to Show Cause, ECF Nos. 6, 8, 11, 13, 14). The court also granted defendant's first motion to dismiss, construing plaintiffs' silence in response to the motion as non-opposition. Id. at 3. Finally, the court allowed plaintiffs fourteen days to file an amended complaint and warned, "[t]heir failure to do so will result in dismissal for failure to prosecute." Id. (citing Fed. R. Civ. P. 41(b)1).
On August 22, 2019, defendant moved to dismiss the case for failure to prosecute, because plaintiffs missed the deadline to file a second amended complaint. Mot., ECF No. 17, at 1. As of the date of this order, plaintiffs still have not filed a second amended complaint. Consistent with the court's warning in its August 6 order, the court hereby DISMISSES the case with prejudice for failure to prosecute. Fed. R. Civ. P. 41(b).
This order resolves ECF No. 17. The Clerk is directed to close the case.
IT IS SO ORDERED.
