Ruiz v. Wachovia et al

Filing 8

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 1/6/2012 01:30 PM. Show Cause Response due by 12/23/2011.. Signed by Judge Edward M. Chen on 12/5/11. (bpf, COURT STAFF) (Filed on 12/5/2011)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 JOSE LUIS RUIZ, 11 For the Northern District of California United States District Court 10 12 Plaintiff, No. CV11-1906 EMC ORDER TO SHOW CAUSE v. WACHOVIA, et al., 13 Defendants. 14 ________________________________/ 15 On April 20, 2011, Plaintiff filed a Complaint against Defendants Wachovia and Golden West 16 Savings. Plaintiff did not serve any of the defendants with the summons and complaint as required by 17 Federal Rule of Civil Procedure 4 and therefore none have appeared in the case. A Clerk's Notice 18 scheduling a Case Management Conference for November 28, 2011 at 4:00 p.m. was mailed to Plaintiff 19 at his last known address on November 3, 2011. In the Clerk's Notice, the Court instructed Plaintiff 20 to serve such notice upon defendants. The mailing has not be returned. Plaintiff failed to appear at the 21 initial Case Management Conference, which was held on November 28, 2011. 22 Accordingly, Plaintiff is hereby ordered to show cause in writing why this case should not be 23 dismissed for failure to prosecute and to comply with this Court’s order. His show cause response must 24 be filed in this Court no later than December 23, 2011. Plaintiff is further directed to appear for a show 25 cause hearing on January 6, 2012, at 1:30 p.m. in Courtroom 5, 17th Floor, United States Courthouse, 26 450 Golden Gate Avenue, San Francisco, California. Failure to file a response or to appear at the 27 hearing will result in dismissal of the action. Plaintiff may wish to consult the Court’s “Handbook for 28 Litigants Without a Lawyer,” 1 available from the Clerk’s Office or on the Court’s website at 2 http://www.cand.uscourts.gov/prosehandbk. 3 4 IT IS SO ORDERED. 5 6 7 Dated: December 5, 2011 _______________________________________ EDWARD M. CHEN United States District Judge 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 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 JOSE LUIS RUIZ, 4 Case Number: CV11-01906 EMC Plaintiff, 5 CERTIFICATE OF SERVICE v. 6 WACHOVIA et al, 7 Defendant. 8 9 11 For the Northern District of California United States District Court 10 12 / 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 December 5, 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. 13 14 15 16 17 Jose Luis Ruiz 2119 - 34th Avenue Oakland, CA 94601 Dated: December 5, 2011 Richard W. Wieking, Clerk By: Betty Lee, Deputy Clerk 18 19 20 21 22 23 24 25 26 27 28 3

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