Opinion
2:09-cv-01138-ECR-LRL
09-19-2012
STACIE MELEWSKI, Plaintiff, v. LEE JOSEPH WOOD; CAROL ANN WOOD; DOE DEFENDANTS 1 through 10; and ROE ENTITIES 1 through 10, Defendants.
Order
On August 7, 2012, the Clerk of the Court filed a "Notice Regarding Intent to Dismiss for Want of Prosecution Pursuant to Local Rule 41-1" (#56) stating that the case has been pending for more than two hundred seventy (270) days without any proceeding having been taken during such period. The Clerk's Notice (#56) notified Plaintiff that pursuant to Local Rule 41-1, the Court may dismiss for want of prosecution if Plaintiff takes no action by September 6, 2012.
On September 6, 2012, Plaintiff filed a "Notice of Non-Opposition to Dismissal of Claims against Lee Joseph Wood Without Prejudice" (#57). Plaintiff states she trusts a dismissal will not disturb her default judgment ruling (#33) against Carol Ann Wood, and a judgment for nondischargeable debt in the Arizona bankruptcy action In re Lee Joseph Wood, 2:10-bk-31460-SSC, and therefore does not oppose dismissal without prejudice of her claims against Lee Joseph Wood in the current action.
A suggestion of bankruptcy (#23) for Defendant Lee Joseph Wood was filed on November 8, 2010. The bankruptcy case was closed on December 16, 2011. In that case, judgment was entered in favor of our plaintiff against Defendant Lee Joseph Wood in the amount of $79,706.05. Plaintiff does not oppose the dismissal of her claims against Lee Joseph Wood. Default judgment was entered against Defendant Carol Ann Wood on March 31, 2011.
IT IS, THEREFORE, HEREBY ORDERED that Plaintiff's claims against Defendant Lee Joseph Wood are DISMISSED .
The Clerk shall enter judgment accordingly.
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UNITED STATES DISTRICT JUDGE