Randle v. Wells Fargo Bank, NA et al

Filing 16

ORDER TO SHOW CAUSE Show Cause Response due by 1/15/2013.. Signed by Judge Jeffrey S. White on 1/8/13. (jjoS, COURT STAFF) (Filed on 1/8/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SHERENE RANDLE,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 12-06031 JSW

v.

ORDER TO SHOW CAUSE

WELLS FARGO BANK NA,
Defendant.
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On December 17, 2012, Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) filed a

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motion to dismiss, which had been noticed for hearing on January 24, 2013 before Magistrate

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Judge Ryu. Pursuant to Northern District Local Rule 7-3(a), Plaintiff’s opposition was due on

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December 31, 2012. Plaintiff did not file an opposition brief on that date. On January 4, 2013,

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this case was reassigned to the undersigned Judge. On that same date, Wells Fargo re-noticed

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the motion for a hearing on February 8, 2013. On January 7, 2013, Wells Fargo filed a notice of

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non-opposition in lieu of a reply brief.

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Plaintiff is HEREBY ORDERED TO SHOW CAUSE why this case should not be

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dismissed for failure to prosecute. If Plaintiff seeks to file a belated opposition brief, she must

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file a request demonstrating good cause along with her proposed opposition. Plaintiff’s

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response to this Order to Show Cause and any request to file a belated opposition brief must be

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filed an served by no later than January 15, 2013. If Plaintiff seeks to file an opposition brief,

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and if the Court grants that request, it shall afford Defendant additional time to file a reply.

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Pending a further order from the Court, the hearing remains on calendar on February 8, 2013.

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If Plaintiff fails to file a response to this Order to Show Cause by January 15, 2013 and

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also fails to file a request to file a belated opposition brief by that date, the Court shall dismiss

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this case for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b), without

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further notice to the Plaintiff.

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IT IS SO ORDERED.
Dated: January 8, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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