Vass v. JP Morgan Chase, NA

Filing 22

ORDER GRANTING MOTION TO DISMISS by Hon. William Alsup granting 6 Motion to Dismiss.(whalc2, COURT STAFF) (Filed on 11/19/2012) (Additional attachment(s) added on 11/19/2012: # 1 Certificate/Proof of Service) (dt, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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IRA VASS,
Plaintiff,

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v.
ORDER GRANTING MOTION
TO DISMISS

JPMORGAN CHASE BANK, N.A.,
Defendant.
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For the Northern District of California

United States District Court

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No. C 12-04094 WHA

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Defendant JPMorgan Chase Bank, N.A., erroneously sued as JP Morgan Chase, NA,

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filed a motion to dismiss pro se plaintiff Ira Vass’ complaint on September 4, 2012. Pursuant to

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Civil Local Rule 7-3, plaintiff’s opposition or statement of non-opposition thereto was due by

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September 18. None was filed. By order dated October 4, plaintiff was ordered to show cause

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why her claims against defendant should not be dismissed for failure to prosecute (Dkt. No. 17).

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Plaintiff’s response was due by October 15. As no response was received, a second order to

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show cause issued, requiring a response by October 29 (Dkt. No. 20). Finally, a third order to

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show cause issued on October 31, requiring a response by November 15 (Dkt. No. 21). All three

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orders to show cause warned that if no response was received, the motion to dismiss may be

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granted. Plaintiff has yet to file any response to the orders to show cause or to defendant’s

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motion to dismiss.

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Defendant’s motion to dismiss has been pending for over two months. Due to plaintiff’s

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complete failure to respond, despite numerous orders requiring her to do so, the motion to

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dismiss is GRANTED. The Clerk shall close the file.

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IT IS SO ORDERED.
Dated: November 19, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE