Chen v. Deutsche Bank Natioal Trust Company et al
Filing
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ORDER REGARDING PLAINTIFF'S FAILURE TO FILE AN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS AND CONTINUING HEARING. Set/Reset Deadlines as to 33 MOTION to Dismiss Complaint. Plaintiff's Opposition due by 1/27/2014. Repl ies due by (seven days after opposition is served and filed) 2/3/2014. Motion Hearing is CONTINUED to Tuesday, 3/4/2014 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 1/15/2014. (fs, COURT STAFF) (Filed on 1/16/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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NAN HUI CHEN,
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Plaintiff,
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v.
Case No.: 13-CV-3352 YGR
ORDER REGARDING PLAINTIFF’S FAILURE TO
FILE AN OPPOSITION TO DEFENDANT’S
MOTION TO DISMISS AND CONTINUING
HEARING
DEUTSCHE BANK NATIONAL TRUST
COMPANY, ET AL.,
Defendant.
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Northern District of California
United States District Court
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On December 23, 2013, Defendants Deutsche Bank National Trust, et al. filed a motion to
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dismiss this lawsuit. Dkt. No. 33. If the Court grants that motion and dismisses this lawsuit, the
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lawsuit will be over and the Plaintiff, Ms. Chen, will have lost.
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Under this Court’s Civil Local Rule 7-3(a), Ms. Chen was required to file either a brief
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opposing the motion to dismiss her lawsuit, or a notice that she does not oppose dismissal on January
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6, 2013.1 As of the date of this Order, Ms. Chen has not filed any response. As a result, the Court is
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considering dismissing her lawsuit for “failure to prosecute,” that is, a failure to meet deadlines and
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keep the lawsuit moving forward.
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The Court hereby extends Ms. Chen’s time to file her papers. Ms. Chen shall file an
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opposition to the Motion to Dismiss no later than Monday, January 27, 2014. Failure to file an
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opposition by that date will result in dismissal of this lawsuit for failure to prosecute. Any reply
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to an opposition must be served and filed not more than 7 days after the opposition is served and filed.
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Civ. L.R. 7-3(c).
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The Court further notes that Ms. Chen may seek assistance at the Court’s Legal Help Center.
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The Legal Help Center may assist persons who do not have lawyers if they make an appointment.
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The Court’s Civil Local Rules may be accessed for free at: http://cand.uscourts.gov/localrules/civil
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The Legal Help Center’s phone number is (415) 782-8982 and its website is
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http://cand.uscourts.gov/helpcentersf.
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The hearing on the motion to dismiss is continued to March 4, at 2:00 p.m. in Courtroom 1
at the Federal Courthouse, 1301 Clay Street, Oakland, California.
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IT IS SO ORDERED.
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Dated: January 15, 2014
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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Northern District of California
United States District Court
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