Dalan et al v. Reconstruct Company, Trustee et al

Filing 12

ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE. Signed by Judge JEFFREY S. WHITE on 1/12/10. (jjo, COURT STAFF) (Filed on 1/12/2010)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SUNNY SIMEON DALAN and THELMA DALAN, Plaintiffs, v. RECONTRUST COMPANY, ET AL., Defendants. / On December 18, 2009, this Court issued an order requiring Plaintiffs to file an opposition to Defendants' pending motion to dismiss and to expunge lis pendens by no later than January 7, 2010. No such opposition has been filed. Accordingly, Plaintiffs are HEREBY ORDERED TO SHOW CAUSE, in writing, why this case should not be dismissed for failure to prosecute. If Plaintiffs seek to file a belated opposition to Defendants' motion, they must demonstrate good cause for the late filing, and shall file a copy of the opposition brief with the request to late file. Plaintiffs' response to this Order to Show Cause and any request to late file their opposition must be filed with the Court and served on Defendants by no later than January 22, 2010. The hearing set for January 29, 2010 at 9:00 a.m. is HEREBY VACATED. The Court shall reschedule the hearing date, if necessary, after the Court has considered Plaintiffs' response to this Order to Show Cause and any request to late file an opposition brief to Defendants' motion. No. C 09-05709 JSW United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER TO SHOW CAUSE RE FAILURE TO PROSECUTE 1 2 3 4 5 6 7 8 9 10 Plaintiffs are HEREBY ADVISED that failure to respond to this Order to Show Cause shall result in a dismissal of this action, without prejudice, for failure to prosecute. IT IS SO ORDERED. Dated: January 12, 2010 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SUNNY SIMEON DALAN et al, Plaintiff, v. RECONTRUST COMPANY et al, Defendant. / Case Number: CV09-05709 JSW CERTIFICATE OF SERVICE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on January 12, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Sunny Simeon Dalan 58 Renwood Lane American Canyon, CA 94503 Thelma Dalan 58 Renwood Lane American Canyon, CA 94503 Dated: January 12, 2010 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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