Sanchez v. U.S. Bank, N.A.

Filing 23

ORDER RESETTING HEARING ON DEFENDANTS' MOTION TO DISMISS re 15 (SI, COURT STAFF) (Filed on 12/28/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// v. U.S. BANK, N.A., et al., Defendants. / LUZ M. SANCHEZ, Plaintiff, No. C 09-04506 SI ORDER RESETTING HEARING ON DEFENDANTS' MOTION TO DISMISS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Defendants' motion to dismiss plaintiff's complaint for failure to state a claim was originally set for hearing on December 18, 2009. After plaintiff failed to file an opposition by the date required, the Court vacated the hearing and issued an order to show cause why this action should not be dismissed for failure to prosecute. Plaintiff's counsel then filed a declaration stating that his failure to file a timely opposition was due to a combination of circumstances, including the timing of the deadline (the day after Thanksgiving), counsel's caseload, and the time needed for counsel to become a member of the bar of this Court. Although counsel should have obtained a stipulation from defense counsel when he determined these circumstances would prevent him from filing an opposition on time, counsel has shown to the Court's satisfaction that neither he nor plaintiff intended to abandon their prosecution of this suit. The Court finds that counsel has presented sufficient cause why the Court should not penalize his client by dismissing this action.

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Accordingly, defendant's motion to dismiss (Docket #15) is re-set for hearing on Friday, February 26, 2010 at 9:00 a.m. In accordance with the Local Rules, plaintiff's opposition to the motion to dismiss must be filed no later than three weeks before the scheduled hearing date, and defendant's optional reply no later than two weeks before the hearing.

IT IS SO ORDERED. Dated: December 28, 2009 SUSAN ILLSTON United States District Judge

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