Opinion
CASE No. 09-CV-1599 W (RBB).
October 30, 2009
ORDER GRANTING DEFENDANT'S EX PARTE APPLICATION FOR JUDGMENT OF DISMISSAL (DOC. 11)
Pending before the Court is Defendant U.S. Bank's ("Countrywide") ex parte application for entry of a judgment of dismissal pursuant to Federal Rule of Civil Procedure 41(b). (Doc. 11.) Plaintiff has not opposed the application.
Rule 41(b) provides that "[i]f the plaintiff fails . . . to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) . . . operates as an adjudication on the merits."
On September 2, 2009, this Court issued an order granting Defendant U.S. Bank's motion to dismiss the complaint. ( See Doc. 9.) However, the order granted Plaintiff leave to amend the complaint until October 2, 2009.
To date Plaintiff has not filed an amended complaint, nor has she filed a motion or ex parte application requesting additional time in which to do so. Accordingly, the Court GRANTS Defendant's ex parte application (Doc. 11) and ORDERS this matter DISMISSED WITH PREJUDICE and JUDGMENT shall be entered in favor of Defendant U.S. Bank.
IT IS SO ORDERED.