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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DELORES MINIX,

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United States District Court
For the Northern District of California

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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.

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JPMORGAN CHASE BANK, N.A. et al.,

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Defendants.

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On July 14, 2011, plaintiff – who is represented by counsel – filed this suit in Santa Clara County

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Superior Court. Defendants removed this action to the Northern District of California and the matter

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was assigned to Judge Jeremy Fogel. On September 28, 2011, the case was re-assigned to Judge Susan

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Illston, located at the federal courthouse at 450 Golden Gate Avenue, San Francisco, CA 94010.

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On July 22, 2011, defendants JP Morgan Chase Bank, N.A. and Mortgage Electronic

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Registration Systems, Inc. filed a motion to dismiss plaintiff’s complaint. Plaintiff did not file a timely

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reply to this motion. However, because the case was re-assigned to Judge Illston, all of the matters

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scheduled for hearing were vacated and the parties were order to re-file their motions. On September

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30, 2011, defendants JP Morgan Chase and Mortgage Electronic Registration Systems re-filed their

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motion to dismiss. Doc. 21. The motion is scheduled for a hearing on November 18, 2011. Pursuant

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to Civil Local Rule 7-3(a), plaintiff’s opposition was due by October 14, 2011. Plaintiff has not yet filed

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an opposition, nor has she communicated in any way with the Court concerning these matters.

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Plaintiff is hereby ORDERED TO SHOW CAUSE in writing to be filed no later than

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November 28, 2011, why this case should not be dismissed without prejudice for failure to prosecute.

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See Fed. R. Civ. Proc. 41(b). Plaintiff is notified that an inadequate or untimely response will result in

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dismissal. The November 18, 2011 hearing on defendants’ motion to dismiss is VACATED, and

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will be rescheduled if necessary.

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IT IS SO ORDERED.

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Dated: November 14, 2011
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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