Murillo v. Aurora Loan Services et al

Filing 13

ORDER TO SHOW CAUSE re Dismissal. Show Cause Response due by 9/1/2011. Order to Show Cause Hearing set for 9/9/2011 09:00 AM in Courtroom 1, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 8/17/2011. (ecg, COURT STAFF) (Filed on 8/17/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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NO. 5:10-cv-05684-EJD

YOLANDA M. MURILLO,

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ORDER TO SHOW CAUSE RE:
DISMISSAL

Plaintiff(s),
v.

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AURORA LOAN SERVICES,
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Defendant(s).
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On March 18, 2011, Judge James Ware, granted leave for Plaintiff to amend her complaint

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For the Northern District of California

United States District Court

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and set a deadline to file an Amended Complaint on April 11, 2011 (See Docket Item No. 10). On

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March 23, 2011, Judge James Ware, vacated the previously set case management conference in light

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of the pending deadline for Plaintiff to file her amended complaint. On April 25, 2011 the case was

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transferred to this Court for all proceedings (See Docket Item No. 12). To date, Plaintiff has failed

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to file her Amended Complaint as instructed and the parties have also failed to file a joint case

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management conference statement pursuant to the April 25 Reassignment Order.

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Accordingly, on September 9, 2011 at 9 a.m., Plaintiff shall appear to show cause, if any,

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by actual appearance in why this case should not be dismissed for lack of prosecution. See Fed. R.

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Civ. P. 41(b). On or before September 1, 2011, Plaintiff shall file with the Court a certification.

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The certification shall set forth, in factual summary, the reasons why the deadline to file the

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Amended Complaint passed, and will state what action Plaintiff is taking to continue to prosecute

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her action or bring this case to a close. Failure to comply with any part of this Order is sufficient to

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warrant dismissal under Fed. R. Civ. P. 41(b), which is a dismissal on the merits.

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IT IS SO ORDERED.

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Dated: August 17, 2011
EDWARD J. DAVILA
United States District Judge

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NO. C 10-05684 EJD
ORDER TO SHOW CAUSE RE DISMISSAL

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Yolanda M. Murillo
543 Bliss Court
San Jose, CA 95136

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Dated: August 17, 2011

Richard W. Wieking, Clerk

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By:
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For the Northern District of California

United States District Court

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NO. C 10-05684 EJD
ORDER TO SHOW CAUSE RE DISMISSAL

/s/ EJD Chambers
Elizabeth Garcia
Courtroom Deputy