Gabriel R. Greinsberger v. Argent Mortgage Company, LLC et al

Filing 12

MINUTES OF IN CHAMBERS ORDER TO SHOW CAUSE RE FAILURE TO PROSECUTE by Judge Jacqueline H. Nguyen: re MOTION to Dismiss 9 . Plaintiff thereafter filed a First Amended Complaint. As such, the Court denied Defendants first motion to dismiss as moot. On June 3, 2010, Defendants filed the instant Motion to Dismiss First Amended Complaint (Motion) (Docket No. 9), set for hearing on July 26, 2010. Plaintiff filed no timely opposition. Accordingly, the Court VACATES the hearing date of July 26, 201 0 in Defendants Motion. Plaintiff is ORDERED TO SHOW CAUSE, not later than July 19, 2010 at noon, as to why this case should not be dismissed for lack of prosecution. If Plaintiff intends to oppose the instant Motion, Plaintiff must file an opposition not later than July 19, 2010 at noon. If Plaintiff files an opposition, a Reply, if any, is due July 26, 2010. A hearing thereafter will be held on August 9, 2010 at 2:00 p.m. (ama)

Gabriel R. Greinsberger v. Argent Mortgage Company, LLC et al

Doc. 12

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title 2:10-cv-02273-JHN-FMOx Date July 12, 2010 Gabriel R. Greinsberger v. Argent Mortgage Company, LLC et al.

Present: The Honorable Alicia Mamer Deputy Clerk

JACQUELINE H. NGUYEN Not Reported Court Reporter / Recorder N/A Tape No.

Attorneys Present for Plaintiffs: Not present Proceedings:

Attorneys Present for Defendants: Not present

ORDER TO SHOW CAUSE RE FAILURE TO PROSECUTE (In Chambers)

On March 29, 2010, Plaintiff filed this action for violations of federal and state law in connection with a residential mortgage. On April 28, 2010, Defendants moved to dismiss the Complaint. Plaintiff thereafter filed a First Amended Complaint. As such, the Court denied Defendants' first motion to dismiss as moot. On June 3, 2010, Defendants filed the instant Motion to Dismiss First Amended Complaint ("Motion") (Docket No. 9), set for hearing on July 26, 2010. Plaintiff filed no timely opposition. See Local Rule 79 (requiring that opposing papers be filed not later than 21 days before the hearing date). Court staff gave Plaintiff's counsel a courtesy telephone call on July 9, 2010 to inform Plaintiff's counsel that an opposition was past due and to inquire whether Plaintiff's counsel intended to file an opposition. Plaintiff's counsel never returned the call or filed an opposition. Accordingly, the Court VACATES the hearing date of July 26, 2010 in Defendants' Motion. Plaintiff is ORDERED TO SHOW CAUSE, not later than July 19, 2010 at noon, as to why this case should not be dismissed for lack of prosecution. If Plaintiff intends to oppose the instant Motion, Plaintiff must file an opposition not later than July 19, 2010 at noon. If Plaintiff files an opposition, a Reply, if any, is due July 26, 2010. A hearing thereafter will be held on August 9, 2010 at 2:00 p.m. Failure to respond to this Order or file an opposition to Defendants' Motion will result in sanctions and/or dismissal of Plaintiff's First Amended Complaint with prejudice. IT IS SO ORDERED.
: Initials of Preparer AM N/A

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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