Atienza et al v. Commonwealth Land & Title et al

Filing 18

ORDER TO SHOW CAUSE Show Cause Response due by 12/6/2011.. Signed by Judge Jeffrey S. White on 11/15/11. (jjoS, COURT STAFF) (Filed on 11/15/2011)

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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 ALICIA G. ATIENZA and CLODUALDO A. ATIENZA, 10 No. C 11-03154 JSW 11 v. For the Northern District of California United States District Court Plaintiffs, 12 13 ORDER TO SHOW CAUSE COMMONWEALTH LAND AND TITLE, et al., 14 Defendants. / 15 16 This matter is set for a hearing on March 9, 2012 on the motion for a more definite 17 statement filed by defendants JPMorgan Chase Bank, N.A., (erroneously sued herein as “J.P. 18 Morgan Chase Bank”), California Reconveyance Company (erroneously served herein as 19 “Reconveyance Company”), and Mortgage Electronic Registration Systems, Inc. (collectively, 20 “Defendants”). Pursuant to Local Civil Rule of the Northern District 7-3, and adding three days 21 pursuant to Federal Rule of Civil Procedure 6(d) because the motion was served by mail, an 22 opposition or statement of non-opposition to this motion was due to be filed and served by 23 October 6, 2011. To date, Plaintiffs have not filed an opposition or statement of non- 24 opposition. 25 December 6, 2011, why the pending motion for a more definite statement should not be granted 26 in light of their failure to file a timely opposition or statement of non-opposition. If Plaintiffs 27 seek to file a substantive response to Defendants’ motion, Plaintiffs must demonstrate good 28 cause for failing to file their opposition brief in a timely fashion. In his response to this OSC, Plaintiffs are HEREBY ORDERED TO SHOW CAUSE (“OSC”) in writing, by Plaintiffs are also directed to show cause why this case should not be dismissed for failure to 1 prosecute. Plaintiffs are admonished that their failure to respond this Order by December 6, 2 2011, will result in a dismissal of this action. 3 If Plaintiffs seek to file a substantive response to Defendants’ motion and demonstrate 4 good cause for their delay, the Court will provide Defendants an opportunity to file a reply 5 brief. The Court FURTHER ORDERS that the case management conference is HEREBY 6 VACATED and will be reset if necessary. 7 IT IS SO ORDERED. 8 9 Dated: November 15, 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 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 ALICIA G ATIENZA et al, Plaintiff, 7 CERTIFICATE OF SERVICE v. 9 COMMONWEALTH LAND AND TITLE et al, 10 Defendant. / 11 For the Northern District of California United States District Court 8 Case Number: CV11-03154 JSW 12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 13 District Court, Northern District of California. 14 That on November 15, 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 15 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. 16 17 18 Alicia G. Atienza 136 Saint Francis Bouldvard 19 San Francisco, CA 94127 20 Clodualdo A. Atienza 136 Saint Francis Bouldvard 21 San Francisco, CA 94127 22 23 Dated: November 15, 2011 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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