Omega et al v. Wells Fargo & Co.,

Filing 38

SECOND ORDER TO SHOW CAUSE. Signed by Judge Jeffrey S. White on November 9, 2011. (jswlc3, COURT STAFF) (Filed on 11/9/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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FLORENCIO L. OMEGA, et al.,

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For the Northern District of California

United States District Court

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Plaintiffs,

No. C 11-02621 JSW

v.

SECOND ORDER TO SHOW
CAUSE

WELLS FARGO & CO., et al.,
Defendants.
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On October 21, 2011, Defendants filed a motion to dismiss, which exceeded this Court’s

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page limits for motions. On October 24, 2011, the Court issued an Order striking the motion

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and directing Defendants to re-file the motion, and to notice it for hearing on December 9, 2011.

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Defendants also filed a motion to strike, and on October 24, 2011, the Court continued that

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hearing to December 9, 2011. However, the Court ordered that the briefing schedule on the

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motion to strike remain unchanged, and that Plaintiffs’ opposition brief to the motion to strike

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would be due on November 4, 2011, and Defendants’ reply would be due on November 14,

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2011. On October 24, 2011, Defendants re-filed their motion to dismiss, which is noticed for

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hearing on December 9, 2011. Under the local rules, Plaintiff’s opposition brief was due on

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November 7, 2011.

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Plaintiffs failed to file a timely opposition to either of Defendants’ motions. This is the

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second time Plaintiffs have failed to file timely responses to motions to dismiss. (See Docket

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No. 20.) Accordingly, Plaintiffs are HEREBY ORDERED TO SHOW CAUSE why this case

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should not be dismissed for failure to prosecute.

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If Plaintiffs seek leave to file a belated opposition brief to either motion, Plaintiffs must

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demonstrate good cause for their failure to do so, and they must submit their proposed

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opposition briefs with their response. Plaintiffs’ response to this Order to Show Cause shall be

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due by no later than November 14, 2011. The time in which Defendants are required to file

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their reply briefs shall be extended, pending Plaintiffs’ response to this Order.

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If Plaintiffs fail to file a response to this Order to Show Cause on November 14, 2011,
the Court shall dismiss this case without prejudice without further notice to Plaintiffs.
IT IS SO ORDERED.
Dated: November 9, 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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