Divino et al v. Lehman Brothers Bank, FSB et al

Filing 28

ORDER TO SHOW CAUSE Show Cause Response due by 5/8/2009. Signed by Judge Patricia V. Trumbull on April 29, 2009. (pvtlc2, COURT STAFF) (Filed on 4/29/2009)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DESIETA DIVINO and BENJAMIN DIVINO, ) ) ) Plaintiffs, ) ) v. ) ) LEHMAN BROTHER BANK, FSB, ET ) AL., ) ) Defendants. ) ___________________________________ ) Case No.: C 09-00193 PVT ORDER TO SHOW CAUSE

On April 13, 2009, the court granted defendants' motion to dismiss the first amended complaint with leave to amend. ("April 13, 2009 Order"). Plaintiffs Desieta and Benjamin Divino were ordered to file a second amended complaint no later than April 24, 2009. (collectively "plaintiffs"). To date, a second amended complaint has not been filed and plaintiffs have proffered no explanation whatsoever. Accordingly, IT IS HEREBY ORDERED that no later than May 8, 2009, plaintiffs shall file a declaration showing cause, if any, why this case should not be dismissed for failure to prosecute.1 See,

The holding of this court is limited to the facts and particular circumstances underlying the present motion.

ORDER, page 1

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FED.R.CIV.P. 41(b). Dated: April 29, 2009 PATRICIA V. TRUMBULL United States Magistrate Judge

ORDER, page 2

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