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Myers v. Wells Fargo Financial

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 10, 2010

CHARLOTTE MYERS
v.
WELLS FARGO FINANCIAL ET AL

The opinion of the court was delivered by: The Honorable Gary Allen Feess

CIVIL MINUTES - GENERAL

Date August 10, 2010

Renee Fisher None N/A Deputy Clerk Court Reporter / Recorder Tape No.

None None Proceedings: (In Chambers)

ORDER REMANDING CASE

On May 4, 2010, defendant Wells Fargo Bank, N.A. ("Wells Fargo") moved to dismiss Plaintiff's complaint. (Docket No. 5.) Despite receiving notice of the motion (id. [Proof of Service].), Plaintiff failed to file any form of opposition. (See Docket No. 11.) Nevertheless, in the interest of creating a complete record, the Court addressed the merits of Wells Fargo's dismissal motion. The Court granted the motion as to Plaintiff's federal claims, but provided her with leave to amend her claim for damages under the Truth in Lending Act. (Docket No. 12.) The Court specifically indicated that Plaintiff's failure to amend her complaint by June 21, 2010, would be deemed consent to dismissal of the claim with prejudice. (Id.)

To date, Plaintiff has failed to file an amended complaint or proceed further in this action. Plaintiff's federal claims are therefore DISMISSED. As this action no long presents a federal question, Plaintiff's state laws claims are hereby REMANDED to Riverside County Superior Court pursuant to 28 U.S.C. § 1367(c).

IT IS SO ORDERED.

20100810

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