Lance et al v. Commerce Trust Company, et al
| Anna Lance and Don Lance |
| Commerce Trust Company and Christopher Blair |
| 2:2015cv00341 |
| February 9, 2015 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| El Dorado |
| Kendall J. Newman |
| Garland E. Burrell |
| Torts to Land |
| 28 U.S.C. ยง 1332 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
19
ORDER signed by Magistrate Judge Kendall J. Newman on 5/26/2015 DISMISSING this action without prejudice pursuant to FRCP 41(a)(1)(A)(i). All dates and deadlines VACATED. CASE CLOSED. (Donati, J)
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Filing
15
ORDER AND ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 5/7/15 ORDERING that within 21 days of this order, plaintiffs shall pay to the Clerk $150.00 in sanctions based on plaintiffs' failure to comply with the court&# 039;s order and failure to prosecute their case; Within 21 days, plaintiffs shall show cause in writing why this action should not be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b) for plaintiffs' failure to comply wi th the court's order and failure to prosecute their case; Within 21 days, plaintiffs shall file a first amended complaint that complies with the court's 4/3/15 order; Failure to timely comply with this order will result in a recommendati on that the action be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b); Alternatively, if plaintiffs conclude that they no longer wish to pursue the action in federal court at this time, they may instead file a notice of vol untary dismissal of the action without prejudice in lieu of paying the sanctions, responding to the order to show cause, and filing a first amended complaint, as outlined above; The Clerk shall serve another copy of the court's prior 4/3/15 order on plaintiffs along with this order. The 6/25/15 status conference in this matter is vacated, subject to rescheduling at a later juncture, if appropriate. (Becknal, R)
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Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 4/3/2015 ORDERING that Defendants' 5 Motion to Dismiss is GRANTED. Plaintiffs' complaint is DISMISSED, but with leave to amend. Within 28 days of this order, plaintiffs shall file e ither (i) a first amended complaint in compliance with this order or (ii) a notice of voluntary dismissal of the action without prejudice. Failure to file either a first amended complaint or a notice of voluntary dismissal by the required deadline may result in dismissal of the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). Defendants shall file a response to any first amended complaint within 28 days of its filing. The request to dismiss defendant Blair pursuant to Federal Rule of Civil Procedure 12(b)(2) is DENIED without prejudice as moot. (Zignago, K.)
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