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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 5 MARTIN GARCIA, Plaintiff, 6 7 8 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., 9 Defendants. 10 Northern District of California United States District Court 11 12 The Court issued an Order to Show Cause Why This Action Should Not Be Dismissed for 13 Failure to Prosecute on December 12, 2012. (Dkt. No. 13.) Pursuant to that Order to Show Cause, 14 Plaintiff’s counsel, Richard Alan Hofman, was required to file a written response by January 4, 2013. 15 No response has been filed. It is unclear to the Court whether Mr. Hofman received the previous 16 Order to Show Cause, given that he has not provided an email address in ECF. 17 The Court hereby re-issues the Order to Show Cause to Mr. Hofman. Based on Plaintiff’s 18 failure to file an opposition to the pending motion to dismiss (see Dkt. No. 13, attached as Ex. A), 19 Plaintiff’s counsel is hereby ORDERED TO SHOW CAUSE why this action should not be dismissed for 20 failure to prosecute. A hearing on this Order to Show Cause shall be held on Friday, January 25, 21 2013, on the Court’s 9:01 a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, 22 California, in courtroom 5. Plaintiff’s counsel must file a written response to this Order to Show 23 Cause no later than January 18, 2013 explaining why Plaintiff has failed to oppose the motion to 24 dismiss or to otherwise prosecute this action. Plaintiff’s counsel shall be required to appear 25 personally at the hearing. If the Court is satisfied with Plaintiff’s counsel’s response, it will consider 26 taking the Order to Show Cause hearing off calendar. 27 28 1 Plaintiff’s counsel is further instructed to provide a current email address with the Court on 2 ECF. The Order to Show Cause hearing scheduled for January 11, 2013 is continued until January 3 25. 4 IT IS SO ORDERED. 5 6 Dated: January 7, 2013 ____________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 7 8 9 10 Northern District of California United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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