MANGIAFRIDDA v. WELLS FARGO BANK N.A., 17-cv-01682-HSG. (2017)
Court: District Court, N.D. California
Number: infdco20170830818
Visitors: 11
Filed: Aug. 29, 2017
Latest Update: Aug. 29, 2017
Summary: ORDER DISMISSING CASE HAYWOOD S. GILLIAM, Jr. , District Judge . On March 27, 2017, Appellants John and Sandra Mangiafridda filed a notice of appeal from U.S. Bankruptcy Court. Dkt. No. 1. However, they never filed their opening brief, even after the Court granted an extension of time at their request. See Dkt. No. 6. The Court issued an order to show cause why Appellants' claims should not be dismissed for failure to prosecute. See Dkt. No. 7. Appellants failed to respond by the August
Summary: ORDER DISMISSING CASE HAYWOOD S. GILLIAM, Jr. , District Judge . On March 27, 2017, Appellants John and Sandra Mangiafridda filed a notice of appeal from U.S. Bankruptcy Court. Dkt. No. 1. However, they never filed their opening brief, even after the Court granted an extension of time at their request. See Dkt. No. 6. The Court issued an order to show cause why Appellants' claims should not be dismissed for failure to prosecute. See Dkt. No. 7. Appellants failed to respond by the August ..
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ORDER DISMISSING CASE
HAYWOOD S. GILLIAM, Jr., District Judge.
On March 27, 2017, Appellants John and Sandra Mangiafridda filed a notice of appeal from U.S. Bankruptcy Court. Dkt. No. 1. However, they never filed their opening brief, even after the Court granted an extension of time at their request. See Dkt. No. 6. The Court issued an order to show cause why Appellants' claims should not be dismissed for failure to prosecute. See Dkt. No. 7. Appellants failed to respond by the August 14, 2017, deadline. The Court then set a hearing regarding the order to show cause, warning Appellants that the case may be dismissed if they failed to appear. Dkt. No. 8. Nevertheless, Appellants failed to appear at the August 28, 2017 hearing, or otherwise respond to the Court's orders. The Court therefore dismisses this action without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b); see also Fed. R. Bankr. P. 8003(a)(2). The Clerk is directed to close the case.
IT IS SO ORDERED.
Source: Leagle
