Capodiece et al v. Wells Fargo Bank et al

Filing 35

ORDER TO SHOW CAUSE RE FAILURE TO PROSECUTE. Show Cause Response due by 7/8/2013.. Signed by Judge Alsup on 7/3/2013. (whalc2, COURT STAFF) (Filed on 7/3/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 13-00032 WHA
Plaintiffs,

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For the Northern District of California

United States District Court

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MICHAEL CAPODIECE and
TERRY L. CAPODIECE,

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v.

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ORDER TO SHOW CAUSE RE
FAILURE TO PROSECUTE

WELLS FARGO BANK and DOES 1–5,
Defendants.
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By order dated May 9, partial summary judgment was granted in favor of defendant

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Wells Fargo Bank, N.A., and the motion to dismiss was granted (Dkt. No. 34). The order stated

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that plaintiffs may seek leave to amend their complaint by filing a motion and attaching the new

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proposed pleading by May 30. The order further stated that “[i]f such motion is not filed by the

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deadline, this case will be closed and judgment entered” (id. at 10). That deadline has come and

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gone and no motion has been filed.

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Accordingly, plaintiffs are ordered to show cause why the action should not be dismissed

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for failure to prosecute and judgment entered against them. Plaintiffs’ response is due by NOON

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ON JULY 8, 2013.

No extensions will be given.

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IT IS SO ORDERED.

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Dated: July 3, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE