Nuezca et al v. Capital One Financial Corp.

Filing 35

ORDER TO SHOW CAUSE. Show Cause Response due by 3/19/2014. Signed by Magistrate Judge Jacqueline Scott Corley on 3/12/2014. (ahm, COURT STAFF) (Filed on 3/12/2014)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 Northern District of California United States District Court 11 12 SAMUEL A. NUEZCA AND JUVY P. NUEZCA, 13 14 Case No.: 3:13-cv-04081-JSC ORDER TO SHOW CAUSE Plaintiffs, v. 15 16 17 18 CAPITAL ONE FINANCIAL CORP., DOES 1 – 100 Defendants. 19 20 On February 12, 2014, the Court dismissed Plaintiffs’ UCL, Breach of Express 21 Agreement, Breach of Implied Agreement, and Declaratory Relief claims without prejudice, 22 and struck Plaintiffs’ First Amended Complaint because it was filed in violation of Federal 23 Rule of Civil Procedure 15(a). (Dkt. No. 32 at 12-13.) The Court ordered Plaintiffs to file 24 any new amended complaint within 20 days of the Order. (Id.) Plaintiffs did not do so. 25 Accordingly, the Court ORDERS Plaintiff to SHOW CAUSE in writing, no later than 26 Wednesday, March 19, 2014, why the Court should not dismiss Plaintiffs’ UCL, Breach of 27 Express Agreement, Breach of Implied Agreement, and Declaratory Relief claims with 28 prejudice and terminate the case. 1 IT IS SO ORDERED. 2 3 Dated: March 12, 2014 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 Northern District of California United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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