Cox v. Reconstruct Company N.A. et al

Filing 3

ORDER TO SHOW CAUSE. If Appellant does not file a response to this order to show cause by September 16, 2011, demonstrating why the case should not be dismissed, the Court will dismiss the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). No hearing will be held on the order to show cause unless otherwise ordered by the Court. Signed by Judge Edward J. Davila on 8/30/2011. (ejdlc1, COURT STAFF) (Filed on 8/30/2011)

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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
NO. 5:11-cv-03166 EJD

KIMBERLY COX,

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ORDER TO SHOW CAUSE

Plaintiff(s),
v.

For the Northern District of California

United States District Court

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AMERICA’S WHOLESALE LENDER, et.
al.,

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Defendant(s).

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/
Appellant Kimberly Cox (“Appellant”) filed a Notice of Appeal from a decision of the

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Bankruptcy Court on June 24, 2011. Having done so, Appellant was required to file and serve a

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designation of the items to be included in the record on appeal and a statement of the issues to be

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presented within 14 days. Fed. R. Bankr. P. 8006. To date, no such designation appears on the

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docket and it appears Appellant has taken no further action on this case.

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Accordingly, the Court hereby issues an order to show cause why this action should not be

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dismissed for failure to prosecute. If Appellant does not file a response to this order to show cause

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by September 16, 2011, demonstrating why the case should not be dismissed, the Court will dismiss

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the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b). No hearing will be held

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on the order to show cause unless otherwise ordered by the Court.

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IT IS SO ORDERED.

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Dated: August 30, 2011
EDWARD J. DAVILA
United States District Judge

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NO. 5:11-cv-03166 EJD
ORDER TO SHOW CAUSE (EJDLC1)

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

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Adam Neil Barasch [e-mail]
Timothy Yett Suen Fong [e-mail]
Bernard Jaron Kornberg [e-mail]

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Dated: August 30, 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. 5:11-cv-03166 EJD
ORDER TO SHOW CAUSE (EJDLC1)

/s/ EJD Chambers
Elizabeth Garcia
Courtroom Deputy