Ortega v. Indymac Federal Bank, FSB et al

Filing 11

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 5/20/2009 10:00 AM. Show Cause Response due by 4/27/2009.. Signed by Magistrate Judge Bernard Zimmerman on 3/25/2009. (bzsec, COURT STAFF) (Filed on 3/25/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. INDYMAC FEDERAL BANK, FSB, Defendant(s). JESUS RAMIREZ ORTEGA, Plaintiff(s), ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C09-0566 BZ ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

In a February 13 order, the Court scheduled defendant's motion to dismiss (filed February 11, 2009) for hearing on March 25, 2009 and ordered plaintiff to consent to or decline magistrate judge jurisdiction on or before the March 25, hearing date. Plaintiff did not appear at the March 25

hearing (and filed no opposition to defendant's motion) and has yet to consent or decline magistrate judge jurisdiction. Subsequent to the February 13 order, the Court learned that the law offices of plaintiff's counsel were recently shut down by the State Bar Association. See Judge Alsup's Order

dated March 4,2009 in Perez v. Quality Loan Service Corp., C08-5800. Therefore, good cause appearing, plaintiff is hereby 1

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ORDERED to show cause in writing by Monday, April 27, 2009, why this case should not be dismissed for the reasons argued in defendant's motion to dismiss and for lack of prosecution. Plaintiff may do so himself, if he wishes to proceed pro se, or may do so through counsel if he has secured new counsel (or intends to do so). At the very least, plaintiff should

explain why he has failed to respond to defendant's motion to dismiss and why he failed to attend the March 25 hearing. On or before April 27, 2009, plaintiff shall also consent to or decline magistrate judge jurisdiction. The form to

consent to or decline magistrate judge jurisdiction may be found on the court's website at: http://www.cand.uscourts.gov. A hearing on the Order to Show Cause is scheduled for May 20, 2009 at 10:00 a.m., in Courtroom G, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102. Plaintiff shall appear personally or through counsel.

Alternatively, if plaintiff does not wish to pursue this case, he may dismiss it and not respond to the Order to Show Cause. Defendant's attorneys are ORDERED to serve this order, along with the pending motion, on plaintiff personally. Dated: March 25, 2009 Bernard Zimmerman United States Magistrate Judge

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