David et al v. GMAC Mortgage, LLC et al

Filing 13

ORDER TO SHOW CAUSE Show Cause Response due by 7/18/2012.. Signed by Judge Jeffrey S. White on 7/6/12. (jjoS, COURT STAFF) (Filed on 7/6/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ASHLEY V. DAVID, et al., 11 For the Northern District of California United States District Court 10 12 No. C 12-01752 JSW Plaintiff, ORDER TO SHOW CAUSE v. GMAC MORTGAGE, et al., 13 Defendants. / 14 15 On June 13, 2012, Defendant GMAC Mortgage filed a motion to dismiss, which is 16 noticed for a hearing on August 10, 2012. On June 14, 2012, Defendants Tyneia G. Merrit and 17 Merrit Law, Inc. filed a motion to dismiss, which also is noticed for a hearing on August 10, 18 2012. 19 Plaintiffs are proceeding pro se, and the Defendants served their motions to dismiss by 20 U.S. Mail. Pursuant to Northern District Civil Local Rules 7-3(a) and 5-5(a), Plaintiffs’ 21 opposition briefs to each of the Defendants’ motions were due on July 2, 2012. Plaintiffs have 22 not filed an opposition to either motion. 23 Plaintiffs are HEREBY ORDERED TO SHOW CAUSE why this case should not be 24 dismissed for failure to prosecute. Plaintiffs’ response to this Order to Show Cause shall be due 25 by no later than July 18, 2012. If Plaintiffs seek to file belated opposition briefs to the 26 Defendants’ motions, they must show good cause for such a request and submit proposed 27 opposition briefs with that request by no later than July 18, 2012. If the Court grants Plaintiffs 28 leave to file belated opposition briefs, it shall set a deadline for Defendants to file replies. 1 2 3 It is FURTHER ORDERED that, pending further order of the Court, the hearing on on the motions to dismiss remain on calendar on August 10, 2012. Plaintiffs are HEREBY ADVISED that if they fail to file a response to this Order to 4 Show Cause, or fail to file a request to submit belated opposition briefs, by July 18, 2012, the 5 Court SHALL dismiss this case with prejudice and without further notice to Plaintiffs for failure 6 to prosecute. 7 Finally, the Court HEREBY ADVISES Plaintiffs that the Handbook for Pro Se through the Court’s website or in the Clerk’s office. The Court also advises Plaintiffs that they 10 also may wish to seek assistance from the Legal Help Center. Plaintiff may call the Legal Help 11 For the Northern District of California Litigants, which contains helpful information about proceeding without an attorney, is available 9 United States District Court 8 Center at 415-782-9000, extension 8657, or sign up on the 15th Floor of the Courthouse, Room 12 2796, for a free appointment with an attorney who may be able to provide basic legal help, but 13 not legal representation. 14 IT IS SO ORDERED. 15 16 Dated: July 6, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 ASHLEY et al, Case Number: CV12-01752 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 DAVID-V-GMAC MORTGAGE et al, 9 Defendant. 11 For the Northern District of California United States District Court 10 12 13 14 / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on July 6, 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 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. 15 16 17 18 19 Ashley V. David 5417 Summerfield Drive Antioch, CA 94531 Nosheen David 5417 Summerfield Drive Antioch, CA 94531 20 21 22 23 24 25 26 27 28 Dated: July 6, 2012 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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