Miller, et al v. America's Wholesale Lender et al

Filing 10

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE (Illston, Susan) (Filed on 1/9/2013) (Additional attachment(s) added on 1/9/2013: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 United States District Court For the Northern District of California 10 11 No. C 12-04907 SI DAVID-WYNN. : MILLER, et al, Plaintiffs, ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE v. AMERICA’S WHOLESALE LENDER, et al., 12 Defendants. / 13 14 On October 25, 2012, defendants filed a motion to dismiss. On the day that the opposition was 15 due, the case was reassigned from a magistrate judge to this Court, and the deadlines were terminated. 16 A new hearing was set for January 18, 2013, and the opposition was due December 21, 2012. Plaintiff 17 did not file an opposition, nor did plaintiff request an extension of time. 18 Accordingly, plaintiff is ORDERED TO SHOW CAUSE in writing no later than January 19 25, 2013, why this case should not be dismissed without prejudice for failure to prosecute. See Fed. 20 R. Civ. Proc. 41(b). If plaintiff does not respond, this action will be dismissed without prejudice. If 21 plaintiff responds to this Order and wishes to proceed with this lawsuit, the Court will set a new briefing 22 schedule and hearing date on defendant’s motion to dismiss. The January 18, 2013 hearing date is 23 VACATED. 24 25 IT IS SO ORDERED. 26 27 28 Dated: January 9, 2013 SUSAN ILLSTON United States District Judge

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