Eguilos et al v. Wells Fargo Bank et al

Filing 11

ORDER TO SHOW CAUSE Show Cause Response due by 12/22/2011.. Signed by Judge ARMSTRONG on 12/8/11. (lrc, COURT STAFF) (Filed on 12/8/2011)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 FELICITO EGUILOS AND FELICIANA

Case No: C 11-2019 SBA

EGUILOS,
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Plaintiffs,

ORDER TO SHOW CAUSE RE
DISMISSAL

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vs.
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WELLS FARGO, a business form unknown,
10 GOLDEN WEST SAVINGS; DOES I

through X, inclusive, and ROE
11 CORPORATIONS, I through V, inclusive,
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Defendants.

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Plaintiffs Felicito Eguilos and Feliciana Eguilos filed the instant pro se action

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against Wells Fargo, among others, seeking to challenge the foreclosure of their home.

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After the action was reassigned to the undersigned, the Court issued a Case Management

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Scheduling Order for Reassigned Cases (“Schedule Order”) setting the matter for an initial

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Case Management Conference (“CMC”) for October 20, 2011. Dkt. 9. The CMC date was

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subsequently continued to December 8, 2011. Dkt. 10.

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Attached to the Scheduling Order is a copy of the Court’s Standing Orders, which

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instruct that a Joint CMC Statement is to be filed at least ten (10) days in advance of the

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CMC. Dkt. 9 at 3. To date, however, no Joint CMC Statement has been filed in

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anticipation of the CMC scheduled for December 8, 2011. The failure to comply with the

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Federal Rules of Civil Procedure, the Local Rules of the Court or any Court Order is

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grounds for dismissal of this action under Federal Rule of Civil Procedure 41(b). See

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Ferdick v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 1992). In addition, no appearances by

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Defendants have been entered in this action, and there is nothing in the record to indicate

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that they have been served with the complaint within the 120 day time-frame specified by

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Federal Rule of Civil Procedure 4(m). Accordingly,

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IT IS HEREBY ORDERED THAT:

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1.

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The Case Management Conference previously scheduled for December 8,

2011, is VACATED.
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Plaintiff shall show cause why the instant action should not be dismissed

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under Rule 41(b) for failure to comply with a Court order and Rule 4(m) for failure to serve

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the complaint within 120 days of the date the complaint was filed. Within fourteen (14)

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days of the date this order is filed, Plaintiff shall file a Certificate to explain why the case

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should or should not be dismissed. The Certificate shall set forth the nature of the cause, its

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present status, the reason it has not been brought to trial or otherwise terminated, any basis

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for opposing dismissal and its expected course if not dismissed. FAILURE TO FULLY

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COMPLY WITH THIS ORDER WILL BE DEEMED SUFFICIENT GROUNDS TO

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DISMISS THE ACTION, WITHOUT FURTHER NOTICE.

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IT IS SO ORDERED.
Dated: December 8, 2011

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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EGUILOS et al,
Plaintiff,

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v.
WELLS FARGO BANK et al,
Defendant.
/

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Case Number: CV11-02019 SBA

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CERTIFICATE OF SERVICE

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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 December 8, 2011, 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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Feliciana Eguilos
2111 Gaynor Avenue
Richmond, CA 94801
Felicito Eguilos
2111 Gaynor Avenue
Richmond, CA 94801
Dated: December 8, 2011
Richard W. Wieking, Clerk

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By: LISA R CLARK, Deputy Clerk

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