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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 JOHN EDWARD ROBINSON, ET AL., Case No. 16-cv-01619-YGR Plaintiffs, 5 v. ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE 6 7 WELLS FARGO HOME MORTGAGE, ET AL., Defendants. 8 9 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, 11 United States District Court Northern District of California 10 2017. (Dkt. No. 54, “FAC.”) On January 19, 2017, defendant filed a motion to dismiss the FAC. 12 (Dkt. No. 58.) Plaintiff’s response was due on February 2, 2017. On February 10, 2017, 13 defendant filed a notice of non-receipt of opposition to its motion to dismiss, and requests that this 14 Court grant its motion. (Dkt. No. 63.) As of today, plaintiffs have yet to file a response to 15 defendant’s motion to dismiss. As a result, the Court is considering dismissing plaintiffs’ lawsuit 16 for “failure to prosecute,” that is, a failure to meet deadlines to keep the lawsuit moving forward. 17 Plaintiffs are hereby ORDERED TO SHOW CAUSE why the Court should not dismiss the 18 case for failure to prosecute. Not later than Friday, February 24, 2017, plaintiffs must file either: 19 (i) a response to defendant’s motion to dismiss; or (ii) a written response to this Order to Show 20 Cause, indicating why the case should not be dismissed for failure to prosecute. Failure to file a 21 written response will be deemed an admission that plaintiffs do not intend to prosecute, and the 22 case will be dismissed without prejudice. 23 24 25 26 27 28 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 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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