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Barboza v. Deutsche Bank Securities

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 27, 2010

JOSE LUIS BARBOZA, PLAINTIFF,
v.
DEUTSCHE BANK SECURITIES, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER DENYING DEFENDANTS' APPLICATION FOR CLERK'S ENTRY OF DEFAULT AGAINST PLAINTIFF (Doc. 29) AND DIRECTING DEFENDANTS TO FILE MOTION TO DISMISS PURSUANT TO RULE 41(b), FEDERAL RULES OF CIVIL PROCEDURE FOR FAILURE TO TIMELY COMPLY WITH COURT ORDER

By Memorandum Decision filed on June 29, 2010 and Order filed on July 6, 2010, Plaintiff's complaint was dismissed with leave to amend. Plaintiff has not filed an amended complaint.

On August 19, 2010, Defendants filed an Application for Clerk's Entry of Judgment Against Plaintiff, seeking default judgment against Plaintiff pursuant to Rule 58(b), Federal Rules of Civil Procedure.

Defendants' Application for Clerk's Entry of Default Judgment Against Plaintiff is DENIED. Defendants shall file a motion to dismiss the action pursuant to Rule 41(b), Federal Rules of Civil Procedure, for failure to timely comply with a court order, noticing the motion for hearing in accordance with the Court's law and motion practice.

IT IS SO ORDERED.

20100827

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