Contreras v. Bank of America et al

Filing 37

ORDER to Show Cause. Signed by Judge Charles R. Breyer on 1/3/2012. (crblc2, COURT STAFF) (Filed on 1/3/2012)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

10
11
12
13
14

No. C 11-00068 CRB

JOSE CONTRERAS,

FURTHER ORDER TO SHOW
CAUSE

Plaintiff,
v.
BANK OF AMERICA, ET AL,

15

Defendants.

/

16
17

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

18

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

19

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

20

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

21

P. 41(b) due to Plaintiff’s failure to file an amended complaint. Dkt. 30. This Court ordered

22

Plaintiff to show cause why his case should not be dismissed for failure to prosecute under

23

Federal Rule of Civil Procedure 41(b) by Monday, November 28, 2011. On Monday,

24

November 28, 2011, Plaintiff responded by filing an Amended Complaint. The Court will

25

construed the Amended Complaint additionally as a response to the OSC, that the Court

26

accepted.

27
28

Defendants filed a Motion to Dismiss the Amended Complaint on December 5, 2011.
Dkt. 35. Plaintiff’s Response was due December 19, 2011. Plaintiff has failed to file any
response. Accordingly, Plaintiff is ORDERED to show cause why his case should not be

1

dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). Plaintiff shall

2

file his response to this Order, along with any materials he would like the Court to consider

3

in ruling on Defendants’ motion, by Tuesday, January 10, 2012 at 5:00 p,m. Defendants may

4

file a reply, if any, by Friday, January 13, 2012 at 5:00 p.m. Failure to respond to this Order

5

could result in the dismissal of Plaintiff’s case.

6

IT IS SO ORDERED.

7
8
9

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: January 3, 2012

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

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

2