Gonzales v. Wells Fargo Bank, N.A. et al

Filing 45

ORDER re 43 Order to Show Cause. Replies due by 2/6/2015. Signed by Judge JEFFREY S. WHITE on 1/30/15. (jjoS, COURT STAFF) (Filed on 1/30/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VERONICA A GONZALES,

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For the Northern District of California

United States District Court

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No. C 14-03850 JSW

Plaintiff,
v.
WELLS FARGO BANK NA, et al.,

ORDER RE ORDER TO SHOW
CAUSE

Defendants.
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On January 28, 2015, the Court issued an Order to Show Cause why this case should not

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be dismissed for failure to prosecute. Later that day, Plaintiff responded that she had never

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received notice of the filing of the pending Motion to Dismiss. (ECF No. 44-3.) Plaintiff’s

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counsel stated that he had changed his email address, but failed to update the docket, as he

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should have done. (Id.) He further stated that, although his emails were set to be forwarded

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from the old email address, somehow notice of the pending Motion was not forwarded. (Id.)

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The Court finds this excuse remarkably thin, but at this time will not penalize Plaintiff for her

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counsel’s poor judgment. Therefore, the Court hereby ACCEPTS Plaintiff’s untimely proposed

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opposition brief. Defendants are ORDERED to file any reply by no later than February 6, 2015.

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IT IS SO ORDERED.

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Dated: January 30, 2015
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE