Owens et al v. Bank of America et al

Filing 95

ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE AND RESETTING HEARING ON MOTIONS TO DISMISS. Signed by Judge Yvonne Gonzalez Rogers on 9/18/12. (fs, COURT STAFF) (Filed on 9/18/2012)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5

JOANN R. OWENS AND LARRY M. OWENS,
Plaintiffs,

6
7
8

Case No.: 11-cv-4580-YGR
ORDER TO SHOW CAUSE RE: DISMISSAL FOR
FAILURE TO PROSECUTE AND RESETTING
HEARING ON MOTIONS TO DISMISS

vs.
BANK OF AMERICA, N.A., ET AL.,

9

Defendants.
10

United States District Court
Northern District of California

11

PLAINTIFFS JOANN R. OWENS AND LARRY M. OWENS AND THEIR COUNSEL OF RECORD

12

ARE HEREBY ORDERED ORDER TO SHOW CAUSE why their claims should not be dismissed for

13

failure to prosecute, pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.

14

On June 5, 2012, Defendant J.P. Morgan Mortgage Acquisition Corporation filed a Motion

15

to Dismiss Plaintiffs’ First Amended Complaint. (Dkt. No. 72.) On June 6, 2012, Defendant Bank

16

of America, N.A. filed a Motion to Dismiss Plaintiffs’ First Amended Complaint. (Dkt. No. 73.)

17

Pursuant to stipulation, the parties continued the hearing and briefing deadlines on these motions

18

twice, the most recent order requiring an opposition to be filed no later than September 7, 2012, and

19

setting the date for hearing on October 2, 2012. (Dkt No. 83.)

20

To date, Plaintiffs have failed to oppose the Motions. Plaintiffs shall file an opposition to

21

the Motion to Dismiss no later than September 25, 2012. Failure to file an opposition by that date

22

will result in dismissal of the action against these Defendants for failure to prosecute. Any reply to

23

an opposition must be served and filed not more than 7 days after the opposition is served and filed.

24

The hearing date of October 2, 2012, is hereby VACATED. The Court re-sets the hearing for

25

October 16, 2012, at 2:00 p.m.

26

IT IS SO ORDERED.

27

Date: September 18, 2012

28

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE