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)

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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

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