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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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 12-04907 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.,

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Defendants.

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On October 25, 2012, defendants filed a motion to dismiss. On the day that the opposition was

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due, the case was reassigned from a magistrate judge to this Court, and the deadlines were terminated.

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A new hearing was set for January 18, 2013, and the opposition was due December 21, 2012. Plaintiff

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did not file an opposition, 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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25, 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 18, 2013 hearing date is

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VACATED.

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IT IS SO ORDERED.

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Dated: January 9, 2013
SUSAN ILLSTON
United States District Judge