Villalta v. Bank of America Corporation

Filing 13

ORDER TO SHOW CAUSE - Order to Show Cause Hearing set for 11/29/2012 10:00 AM. Show Cause Response due by 11/8/2012.. Signed by Judge Maria-Elena James on 10/29/2012. (cdnS, COURT STAFF) (Filed on 10/29/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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CISCO VILLALTA,

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No. C 12-4717 MEJ
Plaintiff,

ORDER TO SHOW CAUSE

v.
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BANK OF AMERICA CORP,
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Defendant.
_____________________________________/

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On September 17, 2012, Defendant Bank of America Corporation filed a Motion to Dismiss,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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with a noticed hearing date of October 25, 2012. Dkt. No. 6. Due to service issues, Defendant

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subsequently requested that the hearing be continued to November 15 to allow Plaintiff Cisco

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Villalta additional time to respond. The Court granted Defendant’s request and ordered Plaintiff to

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file any opposition by October 25, 2012. Dkt. No. 12. However, Plaintiff failed to file an opposition

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by October 25. Accordingly, the Court hereby VACATES the November 15 hearing and ORDERS

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Plaintiff Cisco Villalta to show cause why this case should not be dismissed for failure to prosecute

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and failure to comply with court deadlines. Plaintiff shall file a declaration by November 8, 2012.

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If a responsive declaration is filed, the Court shall either issue an order based on the declaration or

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conduct a hearing on November 29, 2012 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden

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Gate Avenue, San Francisco, California. Notice is hereby given to Plaintiff that the Court may

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dismiss the case without a hearing if no responsive declaration is filed. Thus, it is imperative that

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Plaintiff file a written response by the deadline above.

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The December 13, 2012 case management conference and related deadlines are VACATED.

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IT IS SO ORDERED.

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Dated: October 29, 2012
_______________________________
Maria-Elena James
Chief United States Magistrate Judge