Martinez v. Wells Fargo Bank, N.A. et al

Filing 28

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE (Illston, Susan) (Filed on 11/9/2012)

1
2
IN THE UNITED STATES DISTRICT COURT
3
FOR THE NORTHERN DISTRICT OF CALIFORNIA

4
5
6
7
8
9

ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

Plaintiff,
v.
WELLS FARGO BANK, N.A., CALWESTERN RECONVEYANCE CORP., and
DOES 1 through 20 Inclusive,

10
United States District Court
For the Northern District of California

No. C 12-4464 SI

RODOLFO MARTINEZ,

Defendants.

11

/

12

On August 31, 2012, defendants filed a motion to dismiss. Plaintiff’s opposition to this motion

13

was due on September 14, 2012. On September 17, 2012, plaintiff, who is represented by counsel, filed

14

an ex parte application for a temporary restraining order, which the Court denied on September 28,

15

2012. In the interim, however, plaintiff did not file any opposition papers to the motion to dismiss, nor

16

did plaintiff request an extension of time or contact the Court in any way.

17

Accordingly, plaintiff is ORDERED TO SHOW CAUSE in writing to be filed no later than

18

November 26, 2012, why this case should not be dismissed without prejudice for failure to

19

prosecute. See Fed. R. Civ. Proc. 41(b). If plaintiff responds satisfactorily to this Order and wishes

20

to proceed with this lawsuit, the Court will set a new briefing schedule and hearing date on defendant’s

21

motions to dismiss. The November 30, 2012, hearing date and case management conference is

22

VACATED.

23

IT IS SO ORDERED.

24
25

Dated: November 9, 2012

26
27
28

SUSAN ILLSTON
United States District Judge