Cobb et al v. JPMorgan Chase Bank, N.A. et al

Filing 33

ORDER TO SHOW CAUSE; CONTINUING HEARING ON WELLS FARGO BANK, N.A.'S MOTION TO DISMISS: Show Cause Response due by 6/1/2012. Motion Hearing set for 6/29/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 6/23/12. (jjoS, COURT STAFF) (Filed on 5/23/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JONATHAN D. COBB, et al.,

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ORDER TO SHOW CAUSE;
CONTINUING HEARING ON
WELLS FARGO BANK, N.A.’S
MOTION TO DISMISS

Plaintiffs,

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For the Northern District of California

United States District Court

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No. C 12-01372 JSW

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

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Defendants.

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On April 24, 2012, Defendant JPMorgan Chase Bank N.A. (“JPMorgan Chase”) filed a

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motion to dismiss, which was originally noticed for hearing on June 1, 2012, before Judge

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Illston, to whom the case was then assigned. That date was vacated when this case was

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assigned to the undersigned. Pursuant to Northern District Civil Local Rules 7-3(a) and 5-5(a),

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Plaintiffs’ opposition brief was due on May 11, 2012. Plaintiffs have not filed an opposition to

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JPMorgan Chase’s motion.
On April 27, 2012, Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) filed a motion to

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dismiss, which is noticed for a hearing on June 15, 2012. Pursuant to Northern District Civil

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Local Rules 7-3(a) and 5-5(a), Plaintiffs’ opposition brief was due on May 14, 2012. Plaintiffs

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have not filed an opposition to Wells Fargo’s motion.

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On April 30, 2012, Defendant Anthony Smith filed a motion to dismiss, which is noticed

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for hearing on June 29, 2012. Pursuant to Northern District Civil Local Rules 7-3(a) and 5-5(a),

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Plaintiffs’ opposition brief to Defendant Smith’s motion was due on May 17, 2012. Plaintiffs

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have not filed an opposition to Smith’s motion.

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Plaintiffs are HEREBY ORDERED TO SHOW CAUSE why this case should not be

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dismissed for failure to prosecute. Plaintiffs’ response to this Order to Show Cause shall be due

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by no later than June 1, 2012. If Plaintiffs seek to file belated opposition briefs to the

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Defendants’ motions, they must show good cause for such a request and submit proposed

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opposition briefs by no later than June 1, 2012. If the Court grants Plaintiffs leave to filed

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belated opposition briefs, it shall set a deadline for Defendants to file replies.

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It is FURTHER ORDERED that, pending further order of the Court, the hearing on
Wells Fargo’s motion to dismiss shall be CONTINUED to June 29, 2012, at 9:00 a.m., when

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For the Northern District of California

United States District Court

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the Court is scheduled to hear the motion to dismiss filed by JPMorgan Chase and Smith.

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Plaintiffs are HEREBY ADVISED that if they fail to file a response to this Order to

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Show Cause, or fail to file a request to submit belated opposition briefs, by June 1, 2012, the

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Court SHALL dismiss this case with prejudice and without further notice to Plaintiffs for failure

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to prosecute.

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Finally, the Court HEREBY ADVISES Plaintiffs that the Handbook for Pro Se

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Litigants, which contains helpful information about proceeding without an attorney, is available

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through the Court’s website or in the Clerk’s office. The Court also advises Plaintiffs that they

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also may wish to seek assistance from the Legal Help Center. Plaintiff may call the Legal Help

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Center at 415-782-9000, extension 8657, or sign up on the 15th Floor of the Courthouse, Room

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2796, for a free appointment with an attorney who may be able to provide basic legal help, but

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not legal representation.

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IT IS SO ORDERED.

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Dated: May 23, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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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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7 COBB ET AL et al,
Plaintiff,

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For the Northern District of California

United States District Court

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Case Number: CV12-01372 JSW
CERTIFICATE OF SERVICE

v.

10 JPMORGAN CHASE BANK, N.A. ET AL
et al,
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Defendant.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
14 District Court, Northern District of California.
15 That on May 23, 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
16 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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18 Jason E. Cobb
1101 Menlo Oaks Drive
19 Menlo Park, CA 94025
20 Jonathan D. Cobb
828 Weeks St.
21 Palo Alto, CA 94303
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23 Dated: May 23, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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