Manuel et al v. IndyMac Bank FSB et al

Filing 13

ORDER VACATING May 17, 2010 hearing and ORDER TO SHOW CAUSE. Show Cause Response due by 5/17/2010. Signed by Judge Thelton E. Henderson on 5/5/10. (tehlc4, COURT STAFF) (Filed on 5/5/2010)

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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 JON JON MANUEL, et al., Plaintiffs, v. INDYMAC BANK FSB in Receivership of FDIC, et al., Defendants. NO. C10-01035 TEH ORDER VACATING MAY 17, 2010 HEARING AND ORDER TO SHOW CAUSE United States District Court 11 For the Northern District of California 12 13 Defendant Federal Deposit Insurance Corporation as Receiver of IndyMac Bank, FSB 14 ("FDIC") filed a motion to dismiss on April 12, 2010, which it noticed for hearing on May 15 17, 2010. Under Civil Local Rule 7-3, Plaintiffs' opposition or statement of non-opposition 16 was therefore due on April 26, 2010. To date, Plaintiffs have failed to file any response to 17 FDIC's motion. Accordingly, with good cause appearing, IT IS HEREBY ORDERED that 18 the May 17, 2010 motion hearing is VACATED. 19 IT IS FURTHER ORDERED that Plaintiffs shall SHOW CAUSE as to why this case 20 should not be dismissed for failure to prosecute. It appears from the above history that 21 Plaintiffs have abandoned this case. If Plaintiffs fail to file a written response to this order to 22 show cause on or before May 17, 2010, then this matter shall be dismissed with prejudice. If 23 Plaintiffs file a timely written response, then the Court will consider Plaintiffs' filing and 24 issue a subsequent case management order, which may include both a revised briefing and 25 hearing schedule on FDIC's motion and a hearing as to why sanctions should not be imposed 26 // 27 // 28 1 for Plaintiffs' failure to file a timely opposition or statement of non-opposition to the pending 2 motion. 3 4 5 IT IS SO ORDERED. 6 7 Dated: 5/5/10 8 9 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT 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

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