Opinion
2:24-cv-03836-SB-RAO
07-24-2024
DON KAMP, Plaintiff, v. THE HEIRS AND DEVISEES OF JOHN L. CURITTI et al., Defendants.
ORDER OF DISMISSAL
Stanley Blumenfeld, Jr. United States District Judge
On July 15, the Court approved the parties' agreement for Plaintiff to file a First Amended Complaint (FAC) by July 22, 2024. Dkt. No. 19. Plaintiff did not file an FAC by that date, nor did he request an extension. The Court therefore ordered Plaintiff to file the overdue FAC on July 23 and warned that “[f]ailure to file the FAC on July 23 will be deemed as consent to the dismissal of this action without prejudice for lack of prosecution.” Dkt. No. 20. Plaintiff again failed to file the FAC, a request for an extension, or any explanation for his failure. Consistent with the Court's warning, Plaintiff is therefore deemed to have consented to dismissal without prejudice. Accordingly, this action is dismissed without prejudice for lack of prosecution.
A final judgment will be entered separately.