Crowell v. U.S. Bankcorp, Inc.

Filing 12

ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE - Plaintiff is ORDERED TO SHOW CAUSE why this case should not be dismissed for failure to prosecute by filing an opposition or other response to the motion to dismiss by January 27, 2016. The hearing as to the 10 MOTION to Dismiss is continued to 2/10/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 01/14/2016. (jmdS, COURT STAFF) (Filed on 1/14/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

MICHAEL EARL CROWELL,

Case No. 15-cv-05776-WHO

Plaintiff,
8

ORDER TO SHOW CAUSE RE:
DISMISSAL FOR FAILURE TO
PROSECUTE

v.
9
10

U.S. BANKCORP, INC.,

Re: Dkt. No. 10

Defendant.

United States District Court
Northern District of California

11
12

Defendant filed a motion to dismiss plaintiff’s complaint. Dkt. No. 10. That matter is set

13

to be heard on January 27, 2016. Plaintiff’s opposition or response to that motion was due on

14

January 6, 2016. As of the date of this Order, plaintiff has not filed an opposition or otherwise

15

responded to defendant’s motion to dismiss.

16

Plaintiff is ORDERED TO SHOW CAUSE why this case should not be dismissed for

17

failure to prosecute by filing an opposition or other response to the motion to dismiss by

18

January 27, 2016. If plaintiff does not file such response by that date, this case may be dismissed

19

for failure to prosecute. See Fed. R. Civ. Proc. 41(b); Henderson v. Duncan, 779 F.2d 1421, 1423

20

(9th Cir. 1986) (listing factors relevant to whether to dismiss for lack of prosecution).

21

If plaintiff files his opposition by January 27, 2016, defendant’s reply is due by February 3,

22

2016. The hearing on the motion to dismiss is reset to February 10, 2016 at 2:00 p.m. in

23

Courtroom 2, 17th Floor, San Francisco, California.

24
25
26
27
28

IT IS SO ORDERED.
Dated: January 14, 2016
______________________________________
WILLIAM H. ORRICK
United States District Judge