Xie v. MF Fund II, LP et al

Filing 8

ORDER TO SHOW CAUSE. Plaintiff Shao Q. Xie is ordered to respond by April 21, 2013, and show cause for Plaintiffs failure to respond to the motion to dismiss. In addition, Plaintiff is ordered to file any proofs of service by April 21, 2013 so that the court may determine which of the defendants have been served. Signed by Magistrate Judge Donna M. Ryu on 04/12/13. (dmrlc2, COURT STAFF) (Filed on 4/12/2013) (Additional attachment(s) added on 4/12/2013: # 1 Certificate/Proof of Service) (ig, COURT STAFF).

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SHAO Q. XIE, 11 For the Northern District of California United States District Court 10 12 Plaintiff, No. C-13-00401 DMR ORDER TO SHOW CAUSE v. 13 MF FUND II LP, et al. 14 Defendants. ___________________________________/ 15 16 17 18 19 20 21 22 23 24 25 26 Defendants Craig Lipton and MF Fund II, LP have filed a Motion to Dismiss [Docket No. 6] that is set for a hearing on May 9, 2013. Pursuant to Civil Local Rule 7-3, any brief in opposition to Defendants’ Motion was due on April 5, 2013, but no such opposition has been received. Plaintiff Shao Q. Xie is ordered to respond by April 21, 2013, and show cause for Plaintiff’s failure to respond to the motion in accordance with Civil Local Rule 7-3(a) or alternatively to file a statement of nonopposition to the motion as required by Civil Local Rule 7-3(b). This order to show cause does not constitute permission to file a late opposition. The hearing on May 9, 2013 is VACATED. A new hearing shall be noticed by the court if necessary. If Plaintiff does not respond by April 21, 2013, Defendant’s motion may be granted and the case may be dismissed for Plaintiff’s failure to prosecute. In addition, Plaintiff is ordered to file any proofs of service by April 21, 2013 so that the court may determine which of the defendants have been served. IT IS SO ORDERED. Dated: April 12, 2013 27 28 DONNA M. RYU United States Magistrate Judge

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