Garcia v. Bank of America, N.A. et al

Filing 14

UPDATED ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 1/11/2013 is CONTINUED to Friday, 1/25/2013 09:01 AM. Show Cause Response due by 1/18/2013. Signed by Judge Yvonne Gonzalez Rogers on 1/7/13. (Attachments: # 1 Exhibit, # 2 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/7/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARTIN GARCIA,
Plaintiff,

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Case No.: 12-cv-04062-YGR
UPDATED ORDER TO SHOW CAUSE WHY
THIS ACTION SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE

vs.
BANK OF AMERICA, N.A., et al.,

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Defendants.
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Northern District of California

United States District Court

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The Court issued an Order to Show Cause Why This Action Should Not Be Dismissed for

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Failure to Prosecute on December 12, 2012. (Dkt. No. 13.) Pursuant to that Order to Show Cause,

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Plaintiff’s counsel, Richard Alan Hofman, was required to file a written response by January 4, 2013.

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No response has been filed. It is unclear to the Court whether Mr. Hofman received the previous

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Order to Show Cause, given that he has not provided an email address in ECF.

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The Court hereby re-issues the Order to Show Cause to Mr. Hofman. Based on Plaintiff’s

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failure to file an opposition to the pending motion to dismiss (see Dkt. No. 13, attached as Ex. A),

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Plaintiff’s counsel is hereby ORDERED TO SHOW CAUSE why this action should not be dismissed for

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failure to prosecute. A hearing on this Order to Show Cause shall be held on Friday, January 25,

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2013, on the Court’s 9:01 a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland,

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California, in courtroom 5. Plaintiff’s counsel must file a written response to this Order to Show

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Cause no later than January 18, 2013 explaining why Plaintiff has failed to oppose the motion to

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dismiss or to otherwise prosecute this action. Plaintiff’s counsel shall be required to appear

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personally at the hearing. If the Court is satisfied with Plaintiff’s counsel’s response, it will consider

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taking the Order to Show Cause hearing off calendar.

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Plaintiff’s counsel is further instructed to provide a current email address with the Court on

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ECF. The Order to Show Cause hearing scheduled for January 11, 2013 is continued until January

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25.

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IT IS SO ORDERED.

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Dated: January 7, 2013

____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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