Lemberg v. JPMorgan Chase Bank

Filing 12

ORDER TO SHOW CAUSE. Show Cause Response due by 10/27/2017. Signed by Magistrate Judge Jacqueline Scott Corley on 10/12/2017. (ahm, COURT STAFF) (Filed on 10/12/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANN LEMBERG,
Plaintiff,

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Case No.17-cv-05241-JSC

ORDER TO SHOW CAUSE

v.

Re: Dkt. No. 7
JP MORGAN CHASE BANK, N.A.,
Defendant.

United States District Court
Northern District of California

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Plaintiff filed this personal injury action against Defendant JP Morgan Chase Bank, N.A.,

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in the Superior Court for the County of San Francisco on June 19, 2017. (Dtk. No. 1-1.)

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Defendant thereafter removed the action to this Court based on diversity jurisdiction under 28

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U.S.C. § 1332. (Dkt. No. 1.) Defendant then moved to dismiss the complaint for failure to state a

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claim under Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 7.) Plaintiff’s opposition to the

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motion to dismiss was due on September 27, 2017. However, Plaintiff has not filed an opposition

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or statement of non-opposition and has not otherwise communicated with the Court.

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Accordingly, Plaintiff is ORDERED TO SHOW CAUSE as to why this action should not

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be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b). Plaintiff shall simultaneously

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show cause and file her opposition or statement of non-opposition to the motion to dismiss on or

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before October 27, 2017. The October 19, 2017 hearing date for the motion to dismiss is

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VACATED and will be reset if necessary upon the filing of Plaintiff’s opposition. Failure to

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comply with this Order may result in the dismissal of this action without further notice.

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IT IS SO ORDERED.
Dated: October 12, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANN LEMBERG,

Case No. 17-cv-05241-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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JPMORGAN CHASE BANK, N.A.,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on October 12, 2017, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Ann Lemberg
845 Pine Street
San Francisco, CA 94108

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Dated: October 12, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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