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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 ANN LEMBERG, Plaintiff, 7 8 9 10 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 11 12 Plaintiff filed this personal injury action against Defendant JP Morgan Chase Bank, N.A., 13 in the Superior Court for the County of San Francisco on June 19, 2017. (Dtk. No. 1-1.) 14 Defendant thereafter removed the action to this Court based on diversity jurisdiction under 28 15 U.S.C. § 1332. (Dkt. No. 1.) Defendant then moved to dismiss the complaint for failure to state a 16 claim under Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 7.) Plaintiff’s opposition to the 17 motion to dismiss was due on September 27, 2017. However, Plaintiff has not filed an opposition 18 or statement of non-opposition and has not otherwise communicated with the Court. 19 Accordingly, Plaintiff is ORDERED TO SHOW CAUSE as to why this action should not 20 be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b). Plaintiff shall simultaneously 21 show cause and file her opposition or statement of non-opposition to the motion to dismiss on or 22 before October 27, 2017. The October 19, 2017 hearing date for the motion to dismiss is 23 VACATED and will be reset if necessary upon the filing of Plaintiff’s opposition. Failure to 24 comply with this Order may result in the dismissal of this action without further notice. 25 26 IT IS SO ORDERED. Dated: October 12, 2017 27 28 JACQUELINE SCOTT CORLEY United States Magistrate Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANN LEMBERG, Case No. 17-cv-05241-JSC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 JPMORGAN CHASE BANK, N.A., Defendant. United States District Court Northern District of California 11 12 13 14 15 16 17 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. 18 19 20 Ann Lemberg 845 Pine Street San Francisco, CA 94108 21 22 Dated: October 12, 2017 23 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Ada Means, Deputy Clerk to the Honorable JACQUELINE SCOTT CORLEY 2

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