John Edward Robinson et al v. Wells Fargo Home Mortgage et al

Filing 64

ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE. Show Cause Response due by 2/24/2017. The Court also VACATES the hearing on defendant's motion to dismiss currently set for February 28, 2017. Signed by Judge Yvonne Gonzalez Rogers on 2/13/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/13/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN EDWARD ROBINSON, ET AL.,

Case No. 16-cv-01619-YGR

Plaintiffs,
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v.

ORDER TO SHOW CAUSE RE: FAILURE TO
PROSECUTE

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WELLS FARGO HOME MORTGAGE, ET AL.,
Defendants.

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Plaintiffs John Edward Robinson and Janice M. Walsh, proceeding pro se, bring this action
against defendant Wells Fargo Bank, N.A. Plaintiffs filed an amended complaint on January 4,

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United States District Court
Northern District of California

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2017. (Dkt. No. 54, “FAC.”) On January 19, 2017, defendant filed a motion to dismiss the FAC.

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(Dkt. No. 58.) Plaintiff’s response was due on February 2, 2017. On February 10, 2017,

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defendant filed a notice of non-receipt of opposition to its motion to dismiss, and requests that this

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Court grant its motion. (Dkt. No. 63.) As of today, plaintiffs have yet to file a response to

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defendant’s motion to dismiss. As a result, the Court is considering dismissing plaintiffs’ lawsuit

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for “failure to prosecute,” that is, a failure to meet deadlines to keep the lawsuit moving forward.

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Plaintiffs are hereby ORDERED TO SHOW CAUSE why the Court should not dismiss the

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case for failure to prosecute. Not later than Friday, February 24, 2017, plaintiffs must file either:

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(i) a response to defendant’s motion to dismiss; or (ii) a written response to this Order to Show

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Cause, indicating why the case should not be dismissed for failure to prosecute. Failure to file a

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written response will be deemed an admission that plaintiffs do not intend to prosecute, and the

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case will be dismissed without prejudice.

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The Court also VACATES the hearing on defendant’s motion to dismiss currently set for
February 28, 2017.
IT IS SO ORDERED.
Dated: February 13, 2017
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE