Opinion
No. C 11-03993 CW
11-22-2011
VICTORIA P. MAGANA, an individual, Plaintiff, v. WELLS FARGO BANK, N.A.; LSI TITLE COMPANY, a California Corporation; and NDEX WEST LLC, a Delaware limited liability corporation, Defendants.
ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE AND LIFTING PRELIMINARY INJUNCTION
On September 9, 2011, Defendant Wells Fargo filed a motion to dismiss Plaintiff Victoria P. Magana's complaint in its entirety and a motion to strike portions of the complaint. On September 21, 2011, Defendant NDEX West LLC joined Defendant Wells Fargo's motions. On October 18, 2011, the Court directed Plaintiff to file her opposition to these motions by November 17, 2011. At that time, the Court warned that Plaintiff's failure to file an opposition to these motions would result in dismissal of the case for failure to prosecute.
Plaintiff previously voluntarily dismissed her claims against Defendant LSI Title Company. (Docket No. 14.)
On October 28, 2011, following Plaintiff's submission of proof of timely payment of a bond, the Court entered a preliminary injunction preventing Defendants from proceeding with a trustee's sale of property located at 1113 Remington Court in Sunnyvale, California, until the resolution of this case or further court order.
Plaintiff has not filed an opposition to Defendants' motions to dismiss and to strike. Accordingly, the case is dismissed without prejudice for failure to prosecute and the preliminary injunction is lifted.
IT IS SO ORDERED.
CLAUDIA WILKEN
United States District Judge