Nunn et al v. State of California et al

Filing 40

ORDER TO SHOW CAUSE. Show Cause Response/Opposition due by 10/17/2018. Signed by Judge William H. Orrick on 10/05/2018. (wholc3, COURT STAFF) (Filed on 10/5/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 GERALD NUNN; JUDITH L NUNN, 7 Plaintiffs, 8 v. 9 STATE OF CALIFORNIA; JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, 10 11 United States District Court Northern District of California Case No. 18-cv-03862-WHO ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE Re: Dkt. Nos. 31, 35 Defendants. 12 Defendant JPMorgan Chase Bank, N.A. filed a motion to dismiss plaintiffs’ complaint. 13 14 Dkt. No. 31. That matter is set to be heard on November 7, 2018. Plaintiffs’ opposition or 15 response to that motion was due on September 10, 2018. 16 Defendant State of California also filed a motion to dismiss plaintiffs’ complaint. Dkt. No. 17 35. That matter is also set to be heard on November 7, 2018. Plaintiffs’ opposition or response to 18 that motion was due on September 14, 2018. As of the date of this Order, plaintiffs have not 19 filed an opposition or otherwise responded to either defendants’ motions to dismiss. Plaintiffs are ORDERED TO SHOW CAUSE why this case should not be dismissed for 20 21 failure to prosecute by filing an opposition or other response to the motions to dismiss by 22 October 17, 2018. If plaintiffs do not file such responses by that date, this case may be dismissed 23 for failure to prosecute. See Fed. R. Civ. Proc. 41(b); Henderson v. Duncan, 779 F.2d 1421, 1423 24 (9th Cir. 1986) (listing factors relevant to whether to dismiss for lack of prosecution). 25 // 26 // 27 // 28 // 1 If plaintiffs file their opposition by October 17, 2018, both Defendant JPMorgan Chase 2 Bank, N.A and Defendant State of California may file a reply by October 24, 2018. The hearing 3 on the motion to dismiss remains set for November 7, 2018 at 2:00 p.m. in Courtroom 2, 17th 4 Floor, San Francisco, California. 5 6 IT IS SO ORDERED. Dated: October 4, 2018 7 8 William H. Orrick United States District Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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