Rodrigues v. Bank of America, NA et al

Filing 22

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. Show Cause Response due by 2/16/2017. Signed by Judge Claudia Wilken on 2/2/17. (dtmS, COURT STAFF) (Filed on 2/2/2017)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 MICHAEL L. RODRIGUES, United States District Court For the Northern District of California 10 11 12 13 14 15 16 No. C 16-1390 CW Plaintiff, v. BANK OF AMERICA, NA; BANK OF AMERICA PENSION PLAN and DOES 150, ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE Defendants. ________________________________/ On July 1, 2016, the Court granted Defendants’ motion to 17 dismiss Plaintiff’s claims. In that order, the Court granted 18 Plaintiff leave to amend the claim for benefits against the Bank 19 of America Pension Plan, after exhaustion, and the breach of 20 fiduciary duty claim against Bank of America, and to allege his 21 documents claim against the Plan Administrator, if Plaintiff made 22 a request for documents from the Plan Administrator and the 23 request was denied. 24 amended complaint was December 28, 2016. 25 received no further filings. 26 to show cause why his case should not be dismissed for failure to 27 prosecute. 28 the date of this order. The deadline for Plaintiff to file his To date, the Court has Accordingly, Plaintiff is directed Any response shall be filed within fourteen days of If Plaintiff does not file a response 1 within that time the Court will dismiss the case for failure to 2 prosecute. 3 IT IS SO ORDERED. 4 5 6 Dated: February 2, 2017 CLAUDIA WILKEN United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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