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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Case4:12-cv-04062-YGR Document13 Filed12/12/12 Page1 of 2 1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 MARTIN GARCIA, Plaintiff, 7 8 9 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., 10 Defendants. Northern District of California United States District Court 11 12 13 Defendants filed a Motion to Dismiss Plaintiff’s Complaint on August 8, 2012. (Dkt. No. 4.) 14 Plaintiff’s opposition was due on August 22, 2012, but none was filed. Civ. L.R. 7-3(a). The case 15 was subsequently reassigned to this Court on August 28, 2012. (Dkt. No. 11.) In the reassignment 16 order, the Court stated that all briefing schedules remained unchanged and all hearing dates were 17 vacated. 18 Plaintiff’s counsel, Richard Alan Hofman, is hereby ORDERED TO SHOW CAUSE why this 19 action should not be dismissed for failure to prosecute based on the failure to file an opposition. A 20 hearing on this Order to Show Cause shall be held on Friday, January 11, 2013, on the Court’s 9:01 21 a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in courtroom 5. 22 Plaintiff’s counsel must file a written response to this Order to Show Cause no later than January 4, 23 2013 explaining why Plaintiff has failed to oppose the motion to dismiss or to otherwise prosecute 24 this action. Plaintiff’s counsel shall be required to appear personally at the hearing. If the Court is 25 satisfied with Plaintiff’s counsel’s response, it will consider taking the Order to Show Cause hearing 26 off calendar. 27 The Case Management Conference scheduled for December 17, 2012 is hereby VACATED. 28 IT IS SO ORDERED. Case4:12-cv-04062-YGR Document13 Filed12/12/12 Page2 of 2 1 2 Dated: December 12, 2012 ____________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 3 4 5 6 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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