Bonete v. World Savings Bank, FSB et al

Northern District of California, cand-4:2015-cv-01219

ORDER OF DISMISSAL. Signed by Judge Jeffrey S. White on 11/10/15.

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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 JOSE A. BONETE, 10 Plaintiff, No. C 15-01219 JSW 11 v. United States District Court For the Northern District of California 12 WORLD SAVINGS BANK, FSB, et al., ORDER OF DISMISSAL 13 Defendants. / 14 15 On August 11, 2015, this Court granted Defendant Wells Fargo's motion to dismiss and 16 granted Plaintiff leave to amend only as to his claims for violation of Section 17200 and fraud 17 and intentional deceit under California Civil Code section 1709. The Court indicated that 18 Plaintiff was permitted to file an amended complaint by no later than September 4, 2015. The 19 Court further admonished that failure to file an amended complaint by September 4, 2015 20 would result in dismissal of this action. Plaintiff did not file an amended complaint. 21 Thereafter, on October 6, 2015, Defendant moved pursuant to Federal Rule of Civil 22 Procedure 41(b) to dismiss the matter with prejudice for failure to timely amend following a 23 12(b)(6) motion. See Yourish v. California Amplifier, 191 F.3d 983, 986 (9th Cir. 1999). 24 Having not received a timely opposition to the motion to dismiss, on November 2, 2015, 25 Defendant filed a notice of non-receipt of opposition. Accordingly, Plaintiff has had multiple 26 notices of his failure to amend the complaint. 27 As indicated in its original order granting Defendant's motion to dismiss with leave to 28 amend, having received no amended complaint, the Court HEREBY DISMISSES this action 1 with prejudice. 2 IT IS SO ORDERED. 3 4 Dated: November 10, 2015 JEFFREY S. WHITE 5 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2