Minix v. JP Morgan Chase Bank, N.A. et al

Filing 24

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE; AND VACATING NOVEMBER 18, 2011 HEARING (SI, COURT STAFF) (Filed on 11/14/2011)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 DELORES MINIX, 9 United States District Court For the Northern District of California 10 No. C 11-03478 SI Plaintiff, ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE; AND VACATING NOVEMBER 18, 2011 HEARING v. 11 JPMORGAN CHASE BANK, N.A. et al., 12 Defendants. / 13 14 15 On July 14, 2011, plaintiff – who is represented by counsel – filed this suit in Santa Clara County 16 Superior Court. Defendants removed this action to the Northern District of California and the matter 17 was assigned to Judge Jeremy Fogel. On September 28, 2011, the case was re-assigned to Judge Susan 18 Illston, located at the federal courthouse at 450 Golden Gate Avenue, San Francisco, CA 94010. 19 On July 22, 2011, defendants JP Morgan Chase Bank, N.A. and Mortgage Electronic 20 Registration Systems, Inc. filed a motion to dismiss plaintiff’s complaint. Plaintiff did not file a timely 21 reply to this motion. However, because the case was re-assigned to Judge Illston, all of the matters 22 scheduled for hearing were vacated and the parties were order to re-file their motions. On September 23 30, 2011, defendants JP Morgan Chase and Mortgage Electronic Registration Systems re-filed their 24 motion to dismiss. Doc. 21. The motion is scheduled for a hearing on November 18, 2011. Pursuant 25 to Civil Local Rule 7-3(a), plaintiff’s opposition was due by October 14, 2011. Plaintiff has not yet filed 26 an opposition, nor has she communicated in any way with the Court concerning these matters. 27 Plaintiff is hereby ORDERED TO SHOW CAUSE in writing to be filed no later than 28 November 28, 2011, why this case should not be dismissed without prejudice for failure to prosecute. 1 See Fed. R. Civ. Proc. 41(b). Plaintiff is notified that an inadequate or untimely response will result in 2 dismissal. The November 18, 2011 hearing on defendants’ motion to dismiss is VACATED, and 3 will be rescheduled if necessary. 4 5 6 IT IS SO ORDERED. 7 8 Dated: November 14, 2011 SUSAN ILLSTON United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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