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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 No. C 13-00032 WHA Plaintiffs, 11 For the Northern District of California United States District Court 10 MICHAEL CAPODIECE and TERRY L. CAPODIECE, 12 v. 13 14 ORDER TO SHOW CAUSE RE FAILURE TO PROSECUTE WELLS FARGO BANK and DOES 1–5, Defendants. / 15 16 By order dated May 9, partial summary judgment was granted in favor of defendant 17 Wells Fargo Bank, N.A., and the motion to dismiss was granted (Dkt. No. 34). The order stated 18 that plaintiffs may seek leave to amend their complaint by filing a motion and attaching the new 19 proposed pleading by May 30. The order further stated that “[i]f such motion is not filed by the 20 deadline, this case will be closed and judgment entered” (id. at 10). That deadline has come and 21 gone and no motion has been filed. 22 Accordingly, plaintiffs are ordered to show cause why the action should not be dismissed 23 for failure to prosecute and judgment entered against them. Plaintiffs’ response is due by NOON 24 ON JULY 8, 2013. No extensions will be given. 25 26 IT IS SO ORDERED. 27 28 Dated: July 3, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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