Vazquez v. Select Portfolio Servicing, et al.

Filing 56

ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED. Show Cause Response due by 3/14/2014. Signed by Judge Jon S. Tigar on February 21, 2014. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 2/25/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 R. IVANNE VAZQUEZ, Case No. 13-cv-03789-JST Plaintiff, 8 v. ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED 9 10 SELECT PORTFOLIO SERVICING, et al., Defendants. United States District Court Northern District of California 11 12 On January 13, 2014, this Court dismissed Plaintiff’s Complaint, ECF No. 1, with leave to 13 amend. Order, ECF No. 49. The Court Ordered Plaintiff to “either (1) file an amended complaint 14 consistent with the terms of this Order or (2) file a notice of submission to the Court’s Order, 15 which will result in a final dismissal with prejudice,” by no later than February 12, 2014. Order at 16 6. The Court noted that “[f]ailure to comply with this paragraph will constitute a violation of the 17 Court’s Order, which may result in dismissal pursuant to Federal Rule of Civil Procedure 41(b).” 18 Id. Plaintiff has not filed either an amended complaint or a notice of submission to the Court’s 19 20 Order of dismissal, and the deadline to do so has passed. Accordingly, the Court hereby ORDERS Plaintiff to show cause why the Court should not 21 22 dismiss this action, or impose other appropriate sanctions, for failure to comply with a Court 23 Order, pursuant to Federal Rule of Civil Procedure 41(b). See Yourish v. California Amplifier, 24 191 F.3d 983, 986 (9th Cir. 1999). Plaintiff shall respond to this Order in writing by March 14, 2014, by either (1) filing an 25 26 amended complaint or (2) demonstrating good cause for Plaintiff’s failure to file an amended 27 /// 28 /// 1 complaint. Failure to respond to this Order shall constitute an additional ground for the imposition 2 of appropriate sanctions, including involuntary dismissal with prejudice. 3 4 5 6 IT IS SO ORDERED. Dated: February 21, 2014 ______________________________________ JON S. TIGAR United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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