Opinion
No. C 01-4166 MMC
January 15, 2003
ORDER DISMISSING ACTION AS TO DEFENDANT KWASNY
On December 17, 2001, the Clerk entered the default of defendant Iryna A. Kwasny ("Kwasny"). On March 8, 2002, the Court granted defendant Alwyn Farey-Jones' ("Farey Jones") motion to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. To date, plaintiffs have not filed a motion for default judgment as to Kwasny, and the allegations in the complaint reflect no significant difference between Kwasny and Farey-Jones as to the factual and legal posture of the case.
Accordingly, the above-titled action is hereby DISMISSED with respect to Kwasny. See Silverton v. Department of Treasury, 644 F.2d 1341, 1345 (9th Cir.), cert. denied, 454 U.S. 895 (1981) (holding district court may sua sponte dismiss action as to defendant who has not appeared, where such defendant is "in a position similar to that of moving defendants"),cert. denied, 454 U.S. 895 (1981).
The Clerk shall close the file.