Thieme v. Cobb et al

Filing 206

ORDER TO SHOW CAUSE. Show Cause Response due by 11/2/2017.Signed by Judge Maria-Elena James on 10/13/2017. (mejlc3, COURT STAFF) (Filed on 10/13/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 STEVE THIEME, Case No. 13-cv-03827-MEJ Plaintiff, 7 ORDER TO SHOW CAUSE RE DISMISSAL 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 February 14, 2017, the Court granted summary judgment to Defendant VanDyk 23 Mortgage Corp. in all three actions and entered judgment for that Defendant and against Plaintiffs 24 Steve Thieme, Cynthia Chenault, and Lewis Haynes. See Haynes Dkt. Nos. 90, 91; Chenault Dkt. 25 Nos. 200, 201; Thieme Dkt. Nos. 155, 156. The Court also ordered Plaintiffs, no later than March 26 16, 2017, either to move for default judgment as to remaining defendants Diane Cobb and Paul 27 Sloane Davis or to inform the Court how they intend to proceed to bring these actions to 28 resolution. See Order re Remaining Defs., Haynes Dkt. No. 92; Chenault Dkt. No. 202; Thieme 1 Dkt. No. 157. Plaintiffs neither moved for default judgment nor informed the Court how they 2 intend to proceed to bring these actions to resolution. See Dkts. 3 Accordingly, the Court hereby ORDERS Plaintiffs Haynes, Cobb and Thieme to show 4 cause why their cases should not be dismissed for failure to prosecute and failure to comply with 5 court deadlines. Plaintiffs shall file a declaration by November 2, 2017. If a responsive 6 declaration is filed, the Court shall issue an order based on the declaration. Notice is hereby 7 provided that failure to file a written response will be deemed an admission that Plaintiffs do not 8 intend to prosecute and do not have good cause for failing to abide by the Court’s prior orders, and 9 the cases will be dismissed with prejudice. Thus, it is imperative that the Court receive a written 10 United States District Court Northern District of California 11 response by the deadline above. IT IS SO ORDERED. 12 13 14 15 Dated: October 13, 2017 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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