Donald v. Geithner

Filing 12

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Plaintiff is ORDERED TO SHOW CAUSE in writing no later than January 4, 2013. (Illston, Susan) (Filed on 12/20/2012) (Additional attachment(s) added on 12/20/2012: # 1 Certificate of Service) (tlS, COURT STAFF). Modified on 12/21/2012 (ysS, 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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United States District Court
For the Northern District of California

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No. C 12-04493 SI

TODD DONALD WEISS,
Plaintiff,

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

v.
TIMOTHY FRANZ GEITHNER,

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Defendant.

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On November 28, 2012, the United States of America, claiming that it is the real party in interest

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and acting on behalf of defendant Geithner, filed a motion to dismiss. The hearing was set for January

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4, 2013, and plaintiff’s opposition was due on December 12, 2012. Plaintiff did not file an opposition,

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nor did plaintiff request an extension of time.

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Accordingly, plaintiff is ORDERED TO SHOW CAUSE in writing no later than January

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4, 2013, why this case should not be dismissed without prejudice for failure to prosecute. See Fed.

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R. Civ. Proc. 41(b). If plaintiff does not respond, this action will be dismissed without prejudice. If

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plaintiff responds to this Order and wishes to proceed with this lawsuit, the Court will set a new briefing

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schedule and hearing date on defendant’s motion to dismiss. The January 4, 2012 hearing date is

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VACATED.

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IT IS SO ORDERED.

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Dated: December 20, 2012
SUSAN ILLSTON
United States District Judge