Elawyers Elawyers
Ohio| Change

Milyakov v. Quality Loan Service Corp., C 17-06533 WHA. (2018)

Court: District Court, N.D. California Number: infdco20180427d78 Visitors: 4
Filed: Apr. 26, 2018
Latest Update: Apr. 26, 2018
Summary: ORDER GRANTING MOTION TO DISMISS FOR FAILURE TO PROSECUTE WILLIAM ALSUP , District Judge . This second wrongful foreclosure action was filed by pro se plaintiffs Emil Milyakov and Magdalena Apostolova in November 2017. Defendants moved to dismiss the complaint for failure to state a claim pursuant to FRCP 12(b)(6). At the hearing on defendants' motions to dismiss, the Deputy Clerk called the case, but plaintiffs were not present. When the case was recalled at the end of the Court's motion
More

ORDER GRANTING MOTION TO DISMISS FOR FAILURE TO PROSECUTE

This second wrongful foreclosure action was filed by pro se plaintiffs Emil Milyakov and Magdalena Apostolova in November 2017. Defendants moved to dismiss the complaint for failure to state a claim pursuant to FRCP 12(b)(6). At the hearing on defendants' motions to dismiss, the Deputy Clerk called the case, but plaintiffs were not present. When the case was recalled at the end of the Court's motion calendar, plaintiffs were still not in attendance.

An order later dismissed the complaint for failure to state a claim. The dismissal order stated that plaintiffs could file a motion for leave to file an amended complaint by February 27, 2018 (Dkt. No. 35). That date has long passed and nothing has been filed.

On March 22, defendants Wilmington Savings Fund Society, FSB, Mortgage Electronic Registration Systems, Inc., and Pretium Mortgage Credit Partners I Loan Acquisition, LP, filed a motion to dismiss for failure to prosecute pursuant to FRCP 41(b). Defendants JPMorgan Chase Bank, N.A. and California Reconveyance Company joined the motion (Dkt. Nos. 37-38). Plaintiffs' deadline to respond to the motion was April 5. That date came and went without any response from plaintiffs.

Because plaintiffs have failed to respond to deadlines governing this action, defendants' motion to dismiss for failure to prosecute is GRANTED. The hearing on May 10 is VACATED. Judgment will be entered separately.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer