Omega et al v. Wells Fargo & Co.,

Filing 20

ORDER TO SHOW CAUSE. Signed by Judge Jeffrey S. White on July 8, 2011. (jswlc3, COURT STAFF) (Filed on 7/8/2011)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 FLORENCIO L. OMEGA, et al., Plaintiffs, 11 For the Northern District of California United States District Court 10 12 No. C 11-02621 JSW v. ORDER TO SHOW CAUSE WELLS FARGO & CO., et al., 13 Defendants. / 14 15 On June 22, 2011, Defendant filed a Motion to Dismiss and a Motion to Strike, which 16 were originally noticed for a hearing on August 5, 2011. On July 7, 2011, after the case was 17 reassigned to this Court, Defendant re-noticed the motion for hearing on August 12, 2011. 18 However, pursuant to Northern District Civil Local Rule 7-3(a), Plaintiff’s opposition brief was 19 due fourteen (14) days after the motions were filed and served. Because this is an efiling case, 20 Plaintiffs’ opposition was due on Tuesday, July 6, 2011. See N.D. Civ. L.R. 7-7(d). Pursuant 21 to Local Rule 7-3(c), Defendant’s reply would be due seven days after Plaintiffs’ opposition is 22 filed and served. Plaintiffs have not filed an opposition brief to the motions. Accordingly, Plaintiffs are HEREBY ORDERED TO SHOW CAUSE as to why this 23 24 case should not be dismissed for failure to prosecute or why Defendants’ motions should not be 25 granted as unopposed. If Plaintiffs seek leave to file late opposition to Defendants’ motions, 26 they must demonstrate good cause to do so, and shall submit their proposed opposition brief 27 with the response. 28 // 1 Plaintiffs’ response to this Order to Show Cause shall be due by no later than July 15, 2 2011. If Plaintiffs fail to file a timely response, Plaintiffs are HEREBY ADVISED that the 3 Court either shall dismiss this case without prejudice for failure to prosecute or shall rule on 4 Defendant’s motions, which also may result in the dismissal of this action. 5 IT IS SO ORDERED. 6 7 Dated: July 8, 2011 JEFFREY S. WHITE 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

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