Schmidt et al v. JP Morgan Chase Bank N.A. et al

Filing 23

ORDER TO SHOW CAUSE. Show Cause Response due by 3/25/2013. Signed by Magistrate Judge Donna M. Ryu on 03/15/2013. (dmrlc1, COURT STAFF) (Filed on 3/15/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES SCHMIDT,

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For the Northern District of California

United States District Court

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Plaintiff(s),

No. C-13-00098 DMR
ORDER TO SHOW CAUSE

v.

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JP MORGAN CHASE,

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Defendant(s).
___________________________________/

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Defendant J.P. Morgan Chase Bank N.A. has filed a motion to dismiss. [Docket Nos. 7, 22.]

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Currently, the motion is set for a court hearing on May 9, 2013. Plaintiffs James M. Schmidt and

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Robert M. Schmidt are pursuing this action without legal representation. According to the local

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Court rules, Plaintiffs should have filed any brief in opposition to Defendant's motion by March 7,

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2013. See N.D. Cal. Civ. L.R. 7-3; see also N.D. Cal. Civ. L.R. 7-7(d) (the continuance of a hearing

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of a motion does not extend the time for filing and serving opposition papers). The court has

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received no such opposition.

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The court ORDERS Plaintiffs to respond by March 25, 2013 and explain their failure to

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respond to the motion. In addition, Plaintiffs must simultaneously (1) submit their opposition to the

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court or (2) file a statement of non-opposition to the motion. This order to show cause does not

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indicate that the court will necessarily accept Plaintiffs’ late submission. If Plaintiffs do not respond

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by March 25, 2013, Defendant's motion may be granted.

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no later than April 1, 2013.

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Dated: March 15, 2013

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NO

DONNA M. RYUe Donna M.
United StatesJudg
Magistrate Judge

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For the Northern District of California

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United States District Court

DERED

O OR
IT IS S

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Ryu

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FO

UNIT
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IT IS SO ORDERED.

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The court further ORDERS that Defendant shall file a reply, if any, to Plaintiffs’ opposition

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