Schroeder v. Caliber Home Loans, Inc., et al.

Filing 21

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 5/9/2018 ORDERING plaintiff to SHOW CAUSE, by no later than 5/24/2018, why this action should not be dismissed for failure to timely file an amended complaint. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RITA SCHROEDER, 12 13 14 No. 2:17-cv-0977-TLN-EFB PS Plaintiff, v. ORDER TO SHOW CAUSE CALIBER HOME LOAN, INC., et al., 15 Defendants. 16 17 On March 29, 2018, the court granted defendants’ motion to dismiss plaintiff’s complaint 18 for failure to state a claim.1 ECF Nos. 19, 20. Plaintiff’s claims for violation of California Civil 19 Code § 2923.6(c) and (e) were dismissed without leave to amend, her negligence and Cal. Bus. & 20 Prof. Code §§ 17200, et seq. claims were dismissed with leave to amend, and she was granted 21 thirty days to file an amended complaint. ECF No. 20. That deadline has passed and plaintiff has 22 not filed an amended complaint or otherwise responded to the dismissal order. 23 Accordingly, plaintiff is ordered to show cause, in writing, by no later than May 24, 2018, 24 why this action should not be dismissed for failure to timely file an amended complaint. See E.D. 25 Cal. L.R. 110 (“Failure of counsel or of a party to comply with these Rules or with any order of 26 the Court may be grounds for imposition by the Court of any and all sanctions authorized by 27 28 1 This action, in which plaintiff is proceeding in propria persona, was referred to the undersigned under Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). 1 1 statute or Rule or within the inherent power of the Court.”); see also Chambers v. NASCO, Inc., 2 501 U.S. 32, 44 (1991) (a court “may act sua sponte to dismiss a suit for failure to prosecute.”). 3 Failure to comply with this order will result in a recommendation that this action be dismissed. 4 See Fed. R. Civ. P. 41(b). 5 6 So Ordered. Dated: May 9, 2018. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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