Manning, et al v. Homesales, Inc.

Filing 21

ORDER TO SHOW CAUSE Show Cause Response due by 5/31/2011.. Signed by Judge Jeffrey S. White on 5/20/11. (jjoS, COURT STAFF) (Filed on 5/20/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ALDORAN AND MARK A. MANNING,

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For the Northern District of California

United States District Court

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Plaintiffs,

No. C 11-00578 JSW

v.
HOMESALES, INC., ET AL.,

ORDER TO SHOW CAUSE

Defendants.
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On February 8, 2011, Plaintiffs ALDORAN and Mark A. Manning, proceeding pro se,

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filed a complaint and petition for temporary restraining order (“TRO”). By Order dated

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February 9, 2011, the Court denied the petition for TRO. On February 16, 2011, Plaintiffs filed

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an amended complaint and ex parte application for a TRO, preliminary injunction or stay,

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which the Court denied by Order dated February 17, 2011.

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Defendant Homesales, Inc. has filed a motion to dismiss the amended complaint, noticed

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for hearing on June 3, 2011. Plaintiffs’ opposition brief or statement of non-opposition was due

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by May 13, 2011. Plaintiffs filed a stipulation on May 12, 2011, to continue the case

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management conference from May 20, 2011, to July 22, 2011, based in part on the schedule of

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hearings on Defendant’s demurrer to Plaintiffs’ state court action in Alameda County Superior

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Court for June 2, 2011, and Defendant’s motion to dismiss before this Court on June 3, 2011.

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However, Plaintiffs have not filed any opposition or response to the motion to dismiss.

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Plaintiffs ALDORAN and Mark A. Manning are HEREBY ORDERED TO SHOW
CAUSE in writing, by May 31, 2011, why the motion to dismiss pending against them should

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not be granted in light of Plaintiffs’ failure to file a timely opposition or statement of non-

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opposition. Plaintiffs’ failure to file a timely response to this show cause Order will result in a

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dismissal of this action for failure to prosecute pursuant to Federal Rule of Civil Procedure

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41(b).

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The hearing on Defendant’s motion to dismiss remains set for June 3, 2011, at 9:00 a.m.,

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in Courtroom 11, 19th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco,

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California.

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IT IS SO ORDERED.

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Dated: May 20, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ALDORAN,
Case Number: CV11-00578 JSW

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Plaintiff,
CERTIFICATE OF SERVICE
v.
HOMESALES, INC. et al,
Defendant.

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For the Northern District of California

United States District Court

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/

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 May 20, 2011, 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.

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Aldoran
1152 98th Avenue
Oakland, CA 94603

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Mark A. Manning
1152 98th Avenue
Oakland, CA 94603

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Dated: May 20, 2011

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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