Pono v. Ownit Mortgage Solutions, Inc. et al

Filing 5

ORDER TO SHOW CAUSE Why Case Should Not Be Dismissed For Failure To Prosecute. Show Cause Response due by 1/18/2011.. Signed by Judge Paul S. Grewal on December 28, 2010. (psglc2, COURT STAFF) (Filed on 12/28/2010)

Pono v. Ownit Mortgage Solutions, Inc. et al

Doc. 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Plaintiff filed the complaint in this action on July 7, 2010. The deadline for service was 18 120 days from that date, November 4, 2010. See Fed. R. Civ. P. 4(m). Thus, the time for 19 ser vice on Defendants has expired. No Defendant has been served. Additionally, the parties 20 wer e required to file a Case Management Conference Statement on September 21, 2010 and to 21 appear for a case management conference on September 28, 2010. See Order Setting Initial Case 22 Management Conference and ADR Deadlines dated July 7, 2010 (Docket No. 2). None of the 23 par ties did so. Also, by September 21, 2010, the parties were required either to file written 24 consent to the jurisdiction of the magistrate judge or to request reassignment to a district judge. 25 See Civ. L.R. 73-1(a)(1). None of the parties did so. 26 If the plaintiff fails to prosecute or to comply with these rules or a court order, the court 27 may dismiss the action. See Fed. R. Civ. P. 41(b). Accordingly, 28 IT IS HEREBY ORDERED that Plaintiff show cause why the case should not be dismissed OR D E R, page 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

LEONILA A. PONO,

) ) ) Plaintiff, ) ) v. ) OWNIT MORTGAGE SOLUTIONS, et al., ) ) ) Defendants. ___________________________________ )

Case No.: C 10-02979 PSG ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

for failure to prosecute. Plaintiff shall respond in writing no later than January 18, 2010. If Plaintiff fails to show cause, this case will be reassigned to a district judge with a recommendation for dismissal. Dated: December 28, 2010

PAUL S. GREWAL United States Magistrate Judge

OR D E R, page 2

1 2 Counsel automatically notified of this filing via the court's Electronic Case Filing system. 3 4 copies mailed on 12/28/10 to: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OR D E R, page 3 /s/ Kelly Lowenberg for OSCAR RIVERA Courtroom Deputy Leonila A. Pono 3038 East Hills Drive San Jose, CA 95127