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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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., 11 For the Northern District of California United States District Court 10 12 13 Plaintiffs, No. C 11-02621 JSW v. SECOND ORDER TO SHOW CAUSE WELLS FARGO & CO., et al., Defendants. / 14 15 On October 21, 2011, Defendants filed a motion to dismiss, which exceeded this Court’s 16 page limits for motions. On October 24, 2011, the Court issued an Order striking the motion 17 and directing Defendants to re-file the motion, and to notice it for hearing on December 9, 2011. 18 Defendants also filed a motion to strike, and on October 24, 2011, the Court continued that 19 hearing to December 9, 2011. However, the Court ordered that the briefing schedule on the 20 motion to strike remain unchanged, and that Plaintiffs’ opposition brief to the motion to strike 21 would be due on November 4, 2011, and Defendants’ reply would be due on November 14, 22 2011. On October 24, 2011, Defendants re-filed their motion to dismiss, which is noticed for 23 hearing on December 9, 2011. Under the local rules, Plaintiff’s opposition brief was due on 24 November 7, 2011. 25 Plaintiffs failed to file a timely opposition to either of Defendants’ motions. This is the 26 second time Plaintiffs have failed to file timely responses to motions to dismiss. (See Docket 27 No. 20.) Accordingly, Plaintiffs are HEREBY ORDERED TO SHOW CAUSE why this case 28 should not be dismissed for failure to prosecute. 1 If Plaintiffs seek leave to file a belated opposition brief to either motion, Plaintiffs must 2 demonstrate good cause for their failure to do so, and they must submit their proposed 3 opposition briefs with their response. Plaintiffs’ response to this Order to Show Cause shall be 4 due by no later than November 14, 2011. The time in which Defendants are required to file 5 their reply briefs shall be extended, pending Plaintiffs’ response to this Order. 6 7 8 9 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 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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