Benson v. Citibank, N.A. et al

Filing 68

ORDER RE: SCHEDULE FOR DEFENDANTS MOTION TO DISMISS PLAINTIFFS THIRD AMENDED COMPLAINT (Dkt. No. 63). Signed by Magistrate Judge Jacqueline Scott Corley on 8/29/2013. (ahm, COURT STAFF) (Filed on 8/29/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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LLOYD F. BENSON, III,
Plaintiff,

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v.

Case No.: 12-cv-760 JSC
ORDER RE: SCHEDULE FOR
DEFENDANTS’ MOTION TO
DISMISS PLAINTIFF’S THIRD
AMENDED COMPLAINT (Dkt. No. 63)

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CITIBANK, N.A., et al.,
Defendants.

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Now pending before the Court is Defendants’ Motion to Dismiss Plaintiff’s Third

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Amended Complaint. (Dkt. No. 63.) Plaintiff, who is represented by counsel, failed to

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timely file an Opposition or Statement of Non-Opposition to the Motion to Dismiss, as

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required by Local Rule 7-3(b). Further, Plaintiff failed to respond to an Order to Show Cause

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as to why the case should not be dismissed for failure to prosecute based on his failure to

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respond to the motion to dismiss. (Dkt. No. 64.) The matter was set for hearing today,

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August 29, 2013, and counsel for both Plaintiff and Defendants appeared. Counsel for

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Plaintiff stated that because the parties are close to settlement she elected not to respond to the

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Court’s Orders. As the Court stated on the record, counsel’s decision not to do so placed her

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client in serious jeopardy of having his case dismissed for failure to prosecute.

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Nevertheless, given the parties’ expressed mutual desire to attempt to finalize their

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efforts to settle this matter, the Court will hold the motion to dismiss in abeyance. On or

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before September 6, 2013, the parties shall file a joint statement indicating that the matter has

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been settled. If no such submission is made by September 6, 2013, Plaintiff’s opposition to

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the motion to dismiss is due September 13, 2013. Defendants shall have until September 20,

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2013 to file a reply and as of that date the matter will be deemed submitted.

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IT IS SO ORDERED.

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Dated: August 29, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

Northern District of California

United States District Court

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