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