Lykins v. GMAC Mortgage, LLC et al

Filing 39

ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE. Show Cause Response due by 4/9/2013. Signed by Magistrate Judge Jacqueline Scott Corley on 3/25/2013. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 3/25/2013)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9
10

Northern District of California

United States District Court

11
12
13

ALEXANDER A. LYKINS,
Plaintiff,

14
15

Case No.: C-12-04389 JSC
ORDER TO SHOW CAUSE RE:
FAILURE TO PROSECUTE

v.

16
17

GMAC MORTGAGE, LLC, et al.,
Defendants.

18
19
20

Now pending before the Court are Defendants Deutsche Bank National Trust Company,

21

Executive Trustee Services, LLC, GMAC Mortgage, LLC, MERSCORP Inc., and Mortgage

22

Electronic Registrations Systems, Inc.’s Motion to Dismiss and Motion to Strike (“the Motions”). 1

23

(Dkt. No. 36.) Plaintiff has not filed an Opposition or Statement of Nonopposition to the Motions,

24

as required by Local Rule 7-3(b). Accordingly, the Court hereby ORDERS Plaintiff to SHOW

25

CAUSE as to why this action should not be dismissed as to the moving Defendants for failure to

26

prosecute. Plaintiff should file a response to the ORDER to SHOW CAUSE, along with a response

27

to the Motions, on or before April 9, 2013. If no response is received, this action will be dismissed

28
1

Defendant Chicago Title Company has not made an appearance in this case.

1

with prejudice as to the moving Defendants, pursuant to Federal Rule of Civil Procedure 41(b), for

2

failure to prosecute.

3
4

In addition, the Court hereby VACATES the hearing on the Motions currently set for March
28, 2013.

5
6

IT IS SO ORDERED.

7
8

Dated: March 25, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

9
10

Northern District of California

United States District Court

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2