Martinez v. Wells Fargo Bank, N.A. et al
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE (Illston, Susan) (Filed on 11/9/2012)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE
WELLS FARGO BANK, N.A., CALWESTERN RECONVEYANCE CORP., and
DOES 1 through 20 Inclusive,
United States District Court
For the Northern District of California
No. C 12-4464 SI
On August 31, 2012, defendants filed a motion to dismiss. Plaintiff’s opposition to this motion
was due on September 14, 2012. On September 17, 2012, plaintiff, who is represented by counsel, filed
an ex parte application for a temporary restraining order, which the Court denied on September 28,
2012. In the interim, however, plaintiff did not file any opposition papers to the motion to dismiss, nor
did plaintiff request an extension of time or contact the Court in any way.
Accordingly, plaintiff is ORDERED TO SHOW CAUSE in writing to be filed no later than
November 26, 2012, why this case should not be dismissed without prejudice for failure to
prosecute. See Fed. R. Civ. Proc. 41(b). If plaintiff responds satisfactorily to this Order and wishes
to proceed with this lawsuit, the Court will set a new briefing schedule and hearing date on defendant’s
motions to dismiss. The November 30, 2012, hearing date and case management conference is
IT IS SO ORDERED.
Dated: November 9, 2012
United States District Judge
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