Manning, et al v. Homesales, Inc.
Filing
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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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