Francis v. Wells Fargo Bank, N.A.

Filing 26

ORDER TO SHOW CAUSE. Show Cause Response due by 7/19/2013. Signed by Judge Nathanael M. Cousins on 07/12/2013. (nclc1S, COURT STAFF) (Filed on 7/12/2013)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11 ADLEAN FRANCIS,

Case No. 13-cv-01482 NC

12

ORDER TO SHOW CAUSE WHY
CASE SHOULD NOT BE
DISMISSED

13

Plaintiff,
v.

14 WELLS FARGO BANK, N.A.,
15

Defendant.

16
17
18

On June 14, 2013, Wells Fargo moved to dismiss all claims in the second amended

19 complaint filed by Francis. Dkt. Nos. 20, 22. Civil Local Rule 7-3(a) requires parties to
20 file and serve an opposition within fourteen days after a motion is filed. In the alternative, a
21 party who does not oppose the motion must file a statement of nonopposition with the Court
22 within fourteen days. Civ. L.R. 7-3(b). Where, as in this case, the motion was not served
23 through the Court’s Electronic Case Filing (ECF) system, see Dkt. No. 20 at 13, these
24 deadlines are extended by 3 days. Civ. L.R. 7-3(a). Accordingly, Francis’s response to
25 Wells Fargo’s motion was due by July 1, 2013. Francis has not filed a response. The notice
26 of unavailability filed by Francis, Dkt. No. 19, is for the period from July 1 through July 14,
27 2013, and does not explain the failure to file a response to the motion to dismiss. “Failure
28 to follow a district court’s local rules is a proper ground for dismissal.” Ghazali v. Moran,
Case No. 13-cv-01482 NC
ORDER TO SHOW CAUSE

h
ngly, Franci has until J
is
July 19, 2013 to oppos
se
1 46 F.3d 52, 53 (9th Cir. 1995). Accordin
argo’s moti to dismi (or file a statement of nonoppo
ion
iss
osition) and to show cause
d
2 Wells Fa
s
ould
failure to re
espond will result in di
ismissal
3 why this action sho not be dismissed. Francis’s f
rejudice.
4 of this case with pr

5

IT IS SO OR
T
RDERED.

6

Date: July 11 2013
1,

7

____
__________
__________
_____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

8
9
10
0
11
1
12
2
13
3
14
4
15
5
16
6
17
7
18
8
19
9
20
0
21
1
22
2
23
3
24
4
25
5
26
6
27
7
28
8
Case No. 13-cv-0148 NC
82
ORDER TO SHOW CAUSE
R

2