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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 JAMES SCHMIDT, 11 For the Northern District of California United States District Court 10 12 Plaintiff(s), No. C-13-00098 DMR ORDER TO SHOW CAUSE v. 13 JP MORGAN CHASE, 14 Defendant(s). ___________________________________/ 15 16 Defendant J.P. Morgan Chase Bank N.A. has filed a motion to dismiss. [Docket Nos. 7, 22.] 17 Currently, the motion is set for a court hearing on May 9, 2013. Plaintiffs James M. Schmidt and 18 Robert M. Schmidt are pursuing this action without legal representation. According to the local 19 Court rules, Plaintiffs should have filed any brief in opposition to Defendant's motion by March 7, 20 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 21 of a motion does not extend the time for filing and serving opposition papers). The court has 22 received no such opposition. 23 The court ORDERS Plaintiffs to respond by March 25, 2013 and explain their failure to 24 respond to the motion. In addition, Plaintiffs must simultaneously (1) submit their opposition to the 25 court or (2) file a statement of non-opposition to the motion. This order to show cause does not 26 indicate that the court will necessarily accept Plaintiffs’ late submission. If Plaintiffs do not respond 27 by March 25, 2013, Defendant's motion may be granted. 28 no later than April 1, 2013. 6 Dated: March 15, 2013 7 NO DONNA M. RYUe Donna M. United StatesJudg Magistrate Judge RT 8 10 11 For the Northern District of California ER H 9 United States District Court DERED O OR IT IS S 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Ryu R NIA 5 FO UNIT ED IT IS SO ORDERED. S DISTRICT TE C TA RT U O 4 S 3 LI 2 The court further ORDERS that Defendant shall file a reply, if any, to Plaintiffs’ opposition A 1 N F D IS T IC T O R C

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