Thomas v. Wells Fargo Bank, N.A. et al

Filing 18

ORDER TO SHOW CAUSE Show Cause Response due by 1/18/2012.. Signed by Judge JEFFREY S. WHITE on 1/5/12. (jjoS, COURT STAFF) (Filed on 1/5/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAVID A. THOMAS,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 11-04420 JSW

v.
WELLS FARGO BANK, N.A., et al.,

ORDER TO SHOW CAUSE

Defendants.
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This matter is set for a hearing on March 2, 2012 on the motion to dismiss filed by

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Defendants. Pursuant to Local Civil Rule of the Northern District 7-3, an opposition or

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statement of non-opposition to this motion was due to be filed and served by December 6 2011.

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To date, Plaintiff has not filed an opposition or statement of non-opposition.

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Plaintiff is HEREBY ORDERED TO SHOW CAUSE (“OSC”) in writing, by January

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18, 2012, why the pending motion to dismiss should not be granted in light of his failure to file

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a timely opposition or statement of non-opposition. If Plaintiff seeks to file a substantive

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response to Defendants’ motion, Plaintiff must demonstrate good cause for failing to file his

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opposition brief in a timely fashion. In his response to this OSC, Plaintiff is also directed to

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show cause why this case should not be dismissed for failure to prosecute. Plaintiff is

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admonished that his failure to respond this Order by January 18, 2012, will result in a

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dismissal of this action.

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If Plaintiff seeks to file a substantive response to Defendants’ motion and demonstrates

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good cause for his delay, the Court will provide Defendants an opportunity to file a reply brief.

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If Plaintiff fails to file a response to this Order to Show Cause by January 18, 2012, the

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Court shall dismiss this case without prejudice without further notice to Plaintiff. The Court

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advises Plaintiff that the Handbook for Pro Se Litigants, contains helpful information about

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proceeding without an attorney, is available through the Court’s website or in the Clerk’s office.

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The Court also advises Plaintiff that he also may wish to seek assistance from the Legal Help

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Center. Plaintiff may call the Legal Help Center at 415-782-9000, extension 8657, or sign up

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on the 15th Floor of the Courthouse, Room 2796, for a free appointment with an attorney who

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may be able to provide basic legal help, but not legal representation.

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Dated: January 5, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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THOMAS et al,

Case Number: CV11-04420 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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WELLS FARGO BANK, N.A. et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on January 5, 2012, 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 listed, by
14 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.
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17 David A. Thomas
19500 Mount Jasper Drive
18 Castro Valley, CA 94552
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20 Dated: January 5, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk