Hernandez et al v. Wachovia et al

Filing 27

ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE (SI, COURT STAFF) (Filed on 11/7/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 GERADO HERNANDEZ and JOSEFINA HERNANDEZ, United States District Court For the Northern District of California 12 13 ORDER DISMISSING CASE FOR FAILURE TO PROSECUTE Plaintiffs, 10 11 No. C 11-02871 SI v. WACHOVIA, et al., Defendants. / 14 Currently before the Court are defendants’ motions to dismiss and strike plaintiffs’ Amended 15 Complaint. Those matters are currently set for hearing on November 18, 2011. Plaintiffs’ opposition 16 to these motions was due on September 9, 2011. On October 24, 2011, the Court issued an Order to 17 Show Cause requiring plaintiffs to file an opposition to the pending motions to dismiss or strike on or 18 before November 3, 2011. The Court warned plaintiffs that their failure to comply would result in the 19 Court dismissing this case for failure to prosecute under Fed. Rule of Civil Proc. 41(b). 20 As of this date, plaintiffs have not filed an opposition to the pending motions or otherwise 21 responded to the Order to Show Cause. Therefore, the Court DISMISSES this case without prejudice 22 for failure to prosecute. The Clerk shall close the file. 23 IT IS SO ORDERED. 24 25 Dated: November 7, 2011 26 27 28 SUSAN ILLSTON United States District Judge

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