Siphengphone v. Wells Fargo Bank, N.A., 17-cv-02117-JAH-MDD. (2018)
Court: District Court, N.D. California
Number: infdco20181003e72
Visitors: 16
Filed: Oct. 02, 2018
Latest Update: Oct. 02, 2018
Summary: ORDER GRANTING DEFENDANT WELLS FARGO, N.A.'S MOTION TO DISMISS JOHN A. HOUSTON , District Judge . Pending before this Court is Defendant Wells Fargo Bank, N.A. ("Defendant" or "Wells Fargo") Motion to Dismiss with prejudice for failure to comply with the Court's order pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. [Doc. No. 19]. On April 30, 2018, this Court granted Defendant's motion to dismiss Plaintiff Somphet Siphengphone's ("Plaintiff") second amended complaint. See
Summary: ORDER GRANTING DEFENDANT WELLS FARGO, N.A.'S MOTION TO DISMISS JOHN A. HOUSTON , District Judge . Pending before this Court is Defendant Wells Fargo Bank, N.A. ("Defendant" or "Wells Fargo") Motion to Dismiss with prejudice for failure to comply with the Court's order pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. [Doc. No. 19]. On April 30, 2018, this Court granted Defendant's motion to dismiss Plaintiff Somphet Siphengphone's ("Plaintiff") second amended complaint. See D..
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ORDER GRANTING DEFENDANT WELLS FARGO, N.A.'S MOTION TO DISMISS
JOHN A. HOUSTON, District Judge.
Pending before this Court is Defendant Wells Fargo Bank, N.A. ("Defendant" or "Wells Fargo") Motion to Dismiss with prejudice for failure to comply with the Court's order pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. [Doc. No. 19]. On April 30, 2018, this Court granted Defendant's motion to dismiss Plaintiff Somphet Siphengphone's ("Plaintiff") second amended complaint. See Doc. No. 18. Plaintiff was permitted twenty-days (21) to file a third amended complaint. Id. Approximately twenty-two weeks have passed and Plaintiff has not filed an amended complaint.
Accordingly, the Court GRANTS Defendants' Motion to Dismiss Plaintiff's Complaint in its entirety with prejudice. See Fed. R. Civ. P. 41(b) ("If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it."); see Lira v. Herrera, 427 F.3d 1164, 1169 (9th Cir. 2005) ("If a plaintiff does not take advantage of the opportunity to fix his complaint, a district court may convert the dismissal of the complaint into dismissal of the entire action."). Because this concludes the litigation in this matter, the Clerk of Court SHALL close the file.
IT IS SO ORDERED.
Source: Leagle
