Rosales et al v. Bank of America, N.A. et al

Filing 56

ORDER VACATING DISMISSAL AND JUDGMENT. Responses due by 10/25/2013. Replies due by 11/1/2013. Motion Hearing set for 12/13/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Show Cause Response due by 10/25/2013.. Signed by Judge Jeffrey S. White on 10/9/13. (jjoS, COURT STAFF) (Filed on 10/9/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 JOSE ROSALES, et al., 10 Plaintiffs, 11 For the Northern District of California United States District Court 9 12 No. C 12-03776 JSW v. BANK OF AMERICA, N.A., et al., 13 ORDER VACATING DISMISSAL AND JUDGMENT Defendants. / 14 15 On September 9, 2013, the Court issued an Order to show cause why this case should 16 not be dismissed for failure to prosecute. The Court further ordered that Plaintiffs’ response to 17 the Order to Show Cause would be due by September 23, 2013, and that if they failed to file a 18 response to the Order to Show Cause by September 23, 2013, the Court would dismiss this case. 19 On October 7, 2013, the Court dismissed this action for failure to prosecute and entered 20 judgment on October 8, 2013. 21 The Court inadvertently dismissed this action and entered judgment before reviewing 22 the letter written by plaintiff Maria Rosales on October 2, 2013. The Court HEREBY 23 EXTENDS the deadline for Plaintiffs to respond to the ORDER TO SHOW CAUSE (“OSC”) 24 why the pending motion to dismiss should not be granted in light of their failure to file a timely 25 opposition or statement of non-opposition. If Plaintiffs seek to file a substantive response to 26 Defendants’ motion, Plaintiffs must demonstrate good cause for failing to their opposition brief 27 in a timely fashion. In their response to this OSC, Plaintiffs are also directed to show cause 28 why this case should not be dismissed for failure to prosecute. Plaintiffs shall file their response to 1 the OSC, and a substantive response to the motion to dismiss, by no later than October 25, 2 2013. Plaintiffs are admonished that their failure to respond the OSC by October 25, 2013 will 3 result in a dismissal of this action without further notice. 4 If Plaintiffs file a substantive response to Defendants’ motion and demonstrates good 5 cause for their delay, the Court will provide Defendants an opportunity to file a reply brief by 6 no later than November 1, 2013. The hearing on Defendants’ motion to dismiss will be held on 7 December 13, 2013 at 9:00 a.m. 8 IT IS SO ORDERED. 9 Dated: October 9, 2013 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 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 JOSE ROSALES et al, Case Number: CV12-03776 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 BANK OF AMERICA N.A. et al, 9 Defendant. / 11 For the Northern District of California United States District Court 10 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 October 9, 2013, 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 14 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 Jose Rosales 34 Elkwood Drive 18 South San Francisco, CA 94080 19 Maria Dolores Rosales 101 A-Hickey Blvd. #119 20 South San Francisco, CA 94080 21 Dated: October 9, 2013 22 23 24 25 26 27 28 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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