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)

Case4:12-cv-04062-YGR Document13 Filed12/12/12 Page1 of 2

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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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vs.

Case No.: 12-cv-04062-YGR
ORDER VACATING CASE MANAGEMENT
CONFERENCE AND ORDER TO SHOW CAUSE
WHY THIS ACTION SHOULD NOT BE
DISMISSED FOR FAILURE TO PROSECUTE

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

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Defendants.
Northern District of California

United States District Court

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Defendants filed a Motion to Dismiss Plaintiff’s Complaint on August 8, 2012. (Dkt. No. 4.)

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Plaintiff’s opposition was due on August 22, 2012, but none was filed. Civ. L.R. 7-3(a). The case

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was subsequently reassigned to this Court on August 28, 2012. (Dkt. No. 11.) In the reassignment

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order, the Court stated that all briefing schedules remained unchanged and all hearing dates were

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vacated.

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Plaintiff’s counsel, Richard Alan Hofman, is hereby ORDERED TO SHOW CAUSE why this

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action should not be dismissed for failure to prosecute based on the failure to file an opposition. A

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hearing on this Order to Show Cause shall be held on Friday, January 11, 2013, on the Court’s 9:01

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a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in courtroom 5.

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Plaintiff’s counsel must file a written response to this Order to Show Cause no later than January 4,

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2013 explaining why Plaintiff has failed to oppose the motion to dismiss or to otherwise prosecute

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this action. Plaintiff’s counsel shall be required to appear personally at the hearing. If the Court is

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satisfied with Plaintiff’s counsel’s response, it will consider taking the Order to Show Cause hearing

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off calendar.

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The Case Management Conference scheduled for December 17, 2012 is hereby VACATED.

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IT IS SO ORDERED.

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Dated: December 12, 2012

____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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