Chen v. Deutsche Bank Natioal Trust Company et al

Filing 35

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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 5 NAN HUI CHEN, 6 Plaintiff, 7 8 9 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. 10 Northern District of California United States District Court 11 On December 23, 2013, Defendants Deutsche Bank National Trust, et al. filed a motion to 12 dismiss this lawsuit. Dkt. No. 33. If the Court grants that motion and dismisses this lawsuit, the 13 lawsuit will be over and the Plaintiff, Ms. Chen, will have lost. 14 Under this Court’s Civil Local Rule 7-3(a), Ms. Chen was required to file either a brief 15 opposing the motion to dismiss her lawsuit, or a notice that she does not oppose dismissal on January 16 6, 2013.1 As of the date of this Order, Ms. Chen has not filed any response. As a result, the Court is 17 considering dismissing her lawsuit for “failure to prosecute,” that is, a failure to meet deadlines and 18 keep the lawsuit moving forward. 19 The Court hereby extends Ms. Chen’s time to file her papers. Ms. Chen shall file an 20 opposition to the Motion to Dismiss no later than Monday, January 27, 2014. Failure to file an 21 opposition by that date will result in dismissal of this lawsuit for failure to prosecute. Any reply 22 to an opposition must be served and filed not more than 7 days after the opposition is served and filed. 23 Civ. L.R. 7-3(c). 24 The Court further notes that Ms. Chen may seek assistance at the Court’s Legal Help Center. 25 The Legal Help Center may assist persons who do not have lawyers if they make an appointment. 26 27 28 1 The Court’s Civil Local Rules may be accessed for free at: http://cand.uscourts.gov/localrules/civil 1 The Legal Help Center’s phone number is (415) 782-8982 and its website is 2 http://cand.uscourts.gov/helpcentersf. 3 4 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. 5 6 IT IS SO ORDERED. 7 8 Dated: January 15, 2014 _________________________________________ 9 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 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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