Eng v. JPMorgan Chase Bank, N.A.

Filing 20

ORDER TO SHOW CAUSE AND VACATING HEARING. Show Cause Response due by 12/5/2014. Signed by Judge JEFFREY S. WHITE on 11/14/14. (jjoS, COURT STAFF) (Filed on 11/14/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAVID K. ENG,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 14-04626 JSW

v.
JPMORGAN CHASE BANK, N.A., AS
ACQUIRER OF CERTAIN ASSETS AND
LIABILITIES OF WASHINGTON MUTUAL
BANK, et al.,

ORDER TO SHOW CAUSE AND
VACATING HEARING

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Defendants.
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On October 23, 2014, Defendant JP Morgan Chase Bank (“Defendant”) filed a motion

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to dismiss. After the case was reassigned to the undersigned Judge, Defendant re-noticed the

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motion for a hearing on December 12, 2014. Plaintiff is proceeding pro se and is not a

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registered e-filer. Under the Northern District Civil Local Rules, Plaintiff’s opposition would

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have been due on November 10, 2014. See N.D. Civ. L.R. 7-3(a).

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Plaintiff did not file an opposition by that date, and Defendant has filed a notice of non-

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opposition. In addition, Plaintiff has not made an appearance since Defendant removed the

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matter to this Court. Accordingly, Plaintiff is HEREBY ORDERED TO SHOW CAUSE why

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this case should not be dismissed. If Plaintiff seeks to file an untimely opposition to

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Defendant’s motion, he must submit a request showing good cause for his failure to file an

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opposition within the time required by the Local Rules and shall submit a proposed opposition

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brief with any such request. Plaintiff’s response to this Order to Show Cause shall be due by no

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later than December 5, 2014. If Plaintiff fails to file a response by that date, the Court shall

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dismiss this case without prejudice for failure to prosecute.

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The Court VACATES the hearing set for December 12, 2014, pending Plaintiff’s

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response to this Order. If Plaintiff seeks to file a belated opposition, and if the Court grants that

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request, the Court shall re-set the hearing date and set a deadline by which Defendant must file

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its reply brief.

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The Court HEREBY ADVISES Plaintiff that a Handbook for Pro Se Litigants, which

Court’s website or in the Clerk’s office. The Court also advises Plaintiff that he also may wish

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to seek assistance from the Legal Help Center. Plaintiff may call the Legal Help Center at 415-

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For the Northern District of California

contains helpful information about proceeding without an attorney, is available through the

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United States District Court

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782-8982 or sign up at the United States District Courthouse, 1301 Clay Street, Oakland,

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California, Room 470S, for a free appointment with an attorney who may be able to provide

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basic legal help, but not legal representation.

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IT IS SO ORDERED.

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Dated: November 14, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ENG,

Case Number: CV14-04626 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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For the Northern District of California

United States District Court

JPMORGAN CHASE BANK, N.A., AS
9 ACQUIRER OF CERTAIN ASSETS AND
LIABILITIES OF WASHINGTON
10 MUTUAL BANK et al,
Defendant.

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13 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
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That on November 14, 2014, I SERVED a true and correct copy(ies) of the attached, by
15 placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
16 inter-office delivery receptacle located in the Clerk's office.
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19 David K. Eng
5347 Bancroft Avenue
20 Oakland, CA 94601-5807
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22 Dated: November 14, 2014
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk