Benson v. Citibank, N.A. et al

Filing 46

ORDER RE: SCHEDULING DEFENDANTS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT. Signed by Magistrate Judge Jacqueline Scott Corley on 4/2/2013. (ahm, COURT STAFF) (Filed on 4/2/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 Northern District of California United States District Court 11 12 13 LLOYD F. BENSON, III, 14 15 Plaintiff, v. 16 17 18 Case No.: 12-cv-760 JSC ORDER RE: SCHEDULING DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT CITIBANK, N.A., et al., Defendants. 19 20 21 22 23 24 25 26 27 28 On March 25, 2013, the Court ordered Plaintiff to show cause as to why this action should not be dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b) based on Plaintiff’s failure to file an opposition to Defendant’s Motion to Dismiss Plaintiff’s Second Amended Complaint (Dkt. No. 35). (Dkt. No. 41.) Plaintiff has filed a response to the order to show cause and a belated opposition to Defendants’ motion. (Dkt. Nos. 44 & 45.) Defendants’ reply, if any, to Plaintiff’s opposition is now due April 9, 2013. The hearing on defendant’s Motion to Dismiss and the Case Management Conference are reset for April 18, 2013 at 9:00 a.m. in Courtroom F, 450 Golden Gate Ave. San Francisco, California. 1 2 IT IS SO ORDERED. 3 4 Dated: April 2, 2013 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 Northern District of California United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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