Miller v. Bank of America, N.A.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CHARLES MILLER, Case No. 1:21-cv-00337-SKO

Plaintiff,

ORDER DISMISSING CASE FOR

v. FAILURE TO COMPLY WITH THE

COURT’S ORDERS TO JOIN A

NECESSARY PARTY UNDER RULE

BANK OF AMERICA, N.A.,

(Doc. 48) Defendant. _____________________________________/

15 On January 27, 2021, Plaintiff Charles Miller (“Plaintiff”) commenced this action against 16 Defendant Bank of America, N.A. (“BANA”) in Fresno County Superior Court. (See Doc. 1-1 at 17 4–11.) BANA removed the action to this Court based on diversity jurisdiction on March 5, 2021. 18 (See generally Doc. 1.) BANA then filed a motion to dismiss pursuant to Rule 12(b)(6) of the 19 Federal Rules of Civil Procedure. (Doc. 5.) 20 After the Court granted BANA’s motion to dismiss on August 26, 2022, Plaintiff was given 21 leave to file an amended complaint. (See Doc. 24.) The First Amended Complaint, filed October 22 14, 2022, alleges claims against BANA for negligence and…