Reed et al v. Wells Fargo Bank et al

Filing 38

SECOND ORDER TO SHOW CAUSE Show Cause Response due by 9/16/2011.. Signed by Judge JEFFREY S. WHITE on 9/9/11. (jjoS, COURT STAFF) (Filed on 9/9/2011)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

BENJAMIN F. REED, SR., ET AL,

11
For the Northern District of California

United States District Court

10

12
13

Plaintiffs,

No. C 11-00194 JSW

v.
WELLS FARGO BANK, ET AL,

SECOND ORDER TO SHOW
CAUSE

Defendants.
/

14
15

This matter is set for a hearing on October 14, 2011 on Defendants’ motion to dismiss.

16

Pursuant to Local Civil Rule of the Northern District 7-3, Plaintiffs’ opposition or statement of

17

non-opposition to this motion was due to be filed and served by August 16, 2011, fourteen days

18

after Defendants’ filed their motion to dismiss. To date, Plaintiff has not filed an opposition or

19

statement of non-opposition. The Court notes that this is the second order to show cause issued

20

by this Court due to the Plaintiffs’ failure to timely respond to a motion to dismiss.

21

Plaintiffs are HEREBY ORDERED TO SHOW CAUSE (“OSC”) in writing, by no later

22

than September 16, 2011, why the pending motion to dismiss should not be granted in light of

23

their failure to file a timely opposition or statement of non-opposition. If Plaintiffs seek to file a

24

substantive response to Defendants’ motion, Plaintiffs must demonstrate good cause for failing

25

to file their opposition brief in a timely fashion. Moreover, in their response to this OSC,

26

Plaintiffs are also directed to show cause why their claims should not be dismissed for failure to

27

prosecute. Plaintiffs are admonished that their failure to respond this Order by September 16,

28

2011, will result in a dismissal of their claims.

1

If Plaintiffs seek to file a substantive response to Defendants’ motion and demonstrates

2

good cause for their delay, the Court will provide Defendants an opportunity to file a reply

3

brief.

4

IT IS SO ORDERED.

5
6

Dated: September 9, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2