Contreras v. Bank of America et al

Filing 31

ORDER TO SHOW CAUSE Show Cause Response due by 11/28/2011. Signed by Judge Charles R. Breyer on 11/17/2011. (crblc2, COURT STAFF) (Filed on 11/17/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ORDER TO SHOW CAUSE

Plaintiff,

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No. C 11-00068 CRB

JOSE CONTRERAS,

v.
BANK OF AMERICA, ET AL,

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Defendant.

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Plaintiff filed this action in January 2011. Dkt. 1. Judge Fogel granted Defendants’

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Motion to Dismiss on August 23, 2011 and ordered that Plaintiff amend the Complaint

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within thirty days. Dkt. 24. Plaintiff failed to file an amended complaint. On October 18,

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2011, Defendants filed a Motion to Dismiss for failure to prosecute pursuant to Fed. R. Civ.

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P. 41(b) due to Plaintiff’s failure to file an amended complaint. Dkt. 30. As of this date,

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Plaintiff has not yet filed an amended complaint, nor has Plaintiff filed an opposition brief to

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the motion to dismiss. Accordingly, Plaintiff is ORDERED to show cause why his case

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should not be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b).

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Plaintiff shall file his response to this Order, along with any materials he would like the

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Court to consider in ruling on Defendants’ motion, by Monday, November 28, 2011 at 4:00

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p,m.

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//

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Failure to respond to this Order could result in the dismissal of Plaintiff’s case.
IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: November 17, 2011

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United States District Court
For the Northern District of California

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G:\CRBALL\2011\68\OSC.wpd

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