Bernardino et al v. Wells Fargo Bank NA et al

Filing 17

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE: Order to show cause in writing to be filed no later than 10/7/11. (SI, COURT STAFF) (Filed on 9/28/2011) (Additional attachment(s) added on 9/29/2011: # 1 Envelope) (tf, COURT STAFF). Modified on 9/29/2011 (ysS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EDUARDO BERNARDINO and ANA
BERNARDINO,

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Plaintiffs,

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United States District Court
For the Northern District of California

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ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

v.
WELLS FARGO BANK, et al.,
Defendants.

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No. C 11-03738 SI

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On August 31, 2011, defendant Kondaur Capital Corporation filed a motion to dismiss pro se

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plaintiffs’ amended complaint. On September 14, 2011, defendant Wells Fargo Bank, N.A. joined
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defendant Kondaur Capital Corporation’s motion to dismiss. The motion is scheduled for a hearing on
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October 7, 2011. Pursuant to Civil Local Rule 7-3(a), plaintiffs’ opposition was due by September 14,
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2011. Plaintiffs have not yet filed an opposition, nor have they communicated in any way with the
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Court concerning these matters.1

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Plaintiffs are hereby ORDERED TO SHOW CAUSE in writing to be filed no later than
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October 7, 2011, why this case should not be dismissed without prejudice for failure to prosecute. See
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Fed. R. Civ. Proc. 41(b). Plaintiffs are notified that an inadequate or untimely response will result in
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dismissal. The October 7, 2011 hearing on defendants’ motion to dismiss is VACATED, and will be
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rescheduled if necessary.
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IT IS SO ORDERED.
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Dated: September 28, 2011
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SUSAN ILLSTON
United States District Judge

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In addition, defendant First American Lonestar Trustee has filed a motion to dismiss, set for
hearing on Ocrtober 28, 2011. Plaintiffs’ opposition to that motion will be due October 4, 2011.