Thieme v. Cobb et al

Filing 174

ORDER TO SHOW CAUSE Show Cause Response due by 11/15/2016. Signed by Judge Maria-Elena James on 11/8/2016. (mejlc3, COURT STAFF) (Filed on 11/8/2016)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 STEVE THIEME, Case No. 13-cv-03827-MEJ Plaintiff, 7 ORDER TO SHOW CAUSE v. 8 9 DIANE M. COBB, et al., Defendants. 10 11 CYNTHIA CHENAULT, Case No. 13-cv-03828-MEJ United States District Court Northern District of California Plaintiff, 12 v. 13 14 DIANE M. COBB, et al., Defendants. 15 16 LEWIS HAYNES, Case No. 15-cv-02455-MEJ Plaintiff, 17 v. 18 19 20 DIANE E. COBB, et al., Defendants. 21 22 On October 19, 2016, Defendant Van Dyk Mortgage Corporation filed Motions for 23 Summary Judgment in each of these three related cases, with a noticed hearing date of December 24 22, 2016. See Thieme, Dkt. No. 167; Chenault, Dkt. No. 137; Haynes, Dkt. No. 73. Plaintiffs 25 failed to file oppositions to these Motions pursuant to Civil Local Rule 7. Accordingly, the Court 26 hereby VACATES the motion hearing and ORDERS Plaintiffs Steve Thieme, Cynthia Chenault, 27 and Lewis Haynes to show cause why (1) these cases should not be dismissed for failure to 28 prosecute and failure to comply with court deadlines; (2) why Plaintiffs should not be sanctioned 1 for their conduct; and (3) why pretrial and trial deadlines should not be continued. Plaintiffs shall 2 file declarations by November 15, 2016. If responsive declarations are filed, the Court shall 3 either issue an order based on the declarations or schedule a hearing on the matter. Notice is 4 hereby provided that failure to file written responses will be deemed an admission that Plaintiffs 5 do not intend to prosecute, and their cases against Van Dyk will be dismissed without prejudice. 6 Thus, it is imperative that the Court receive written responses by the deadline above. 7 IT IS SO ORDERED. 8 9 10 United States District Court Northern District of California 11 Dated: November 8, 2016 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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