Varela et al v. Wells Fargo Home Mortgage et al

Filing 64

ORDER TO SHOW CAUSE Show Cause Response due by 6/18/2013.. Signed by Judge Kandis A. Westmore on June 4, 2013. (kawlc2, COURT STAFF) (Filed on 6/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAIME VARELA, et al.,

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Plaintiffs,

Case No.: C-4:12-03502 KAW
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED

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Northern District of California

United States District Court

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vs.
WELLS FARGO HOME MORTGAGE, et al.,
Defendants.

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On April 30, 2013, the undersigned granted Defendants' motion to dismiss Plaintiffs' second

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amended complaint and ordered Plaintiffs to file a third amended complaint within thirty days.

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Plaintiffs have failed file a third amended complaint, though the time to do so has elapsed.

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On April 2, 2013, Plaintiffs' counsel filed a motion to withdraw. Counsel stated that Plaintiffs

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had not paid counsel attorney and filing fees, as they were contractually obliged, and had failed to

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return counsel's numerous phone calls. Plaintiffs did not file a motion in opposition to counsel's

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motion to withdraw, and on May 16, 2013, the undersigned granted Plaintiffs' counsel's motion to

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withdraw. Plaintiffs have not filed a notice of appearance or any other documents.

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Within fourteen days of the date of this order, Plaintiffs shall show cause why this case should

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not be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b). If Plaintiffs fail to respond to this

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order, this case will be dismissed.

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As explained in the Court's Order Granting Counsel's Motion to Withdraw, this order will be
served on Plaintiffs' former counsel for forwarding purposes. See Civil L.R. 11-5(b).
IT IS SO ORDERED.

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DATE: June 4, 2013

__________________________________
KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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