Rodriguez v. Bank of America et al

Filing 23

ORDER DIRECTING PLAINTIFF TO SHOW CAUSE. Signed by Judge Paul S. Grewal on 1/27/2012. (ofr, COURT STAFF) (Filed on 1/27/2012) (Additional attachment(s) added on 1/27/2012: # 1 CERTIFICATE OF SERVICE) (ofr, COURT STAFF).

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
JUAN RODRIGUEZ,

)
)
Plaintiff,
)
v.
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BANK OF AMERICA, organized and existing )
under laws of the United States, RECONTRUST )
COMPANY, N.A., organized and existing under )
the laws of the State of Texas,
)
)
Defendants.
)
)

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Case No.: C 11-3839-PSG
ORDER DIRECTING PLAINTIFF TO
SHOW CAUSE
(Re: Docket No. 19)

Before the court is Defendants Bank of America and Recontrust Company, N.A.’s

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(“Defendants”) motion to dismiss pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute.

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Defendants correctly allege that pro se plaintiff Juan Rodriguez (“Rodriguez”) has not filed an

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amended to complaint, as directed by the court’s November 22, 2011 order granting Defendants’

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motion to dismiss with leave to amend.1 Nor has Rodriguez opposed the pending motion to dismiss

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for failure to prosecute. The court therefore finds good cause to take Defendants’ motion to dismiss

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See Docket No. 18 (Order Granting Motion to Dismiss).

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Case No.: 11-3839
ORDER

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under submission. The court further finds this matter appropriate for determination without oral

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argument.2

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In order to avoid imminent dismissal of his case, Rodriguez must show cause in writing by

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February 10, 2012 why this case should not be dismissed with prejudice for failure to prosecute.

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Failure to respond to the order to show cause by said date will result in dismissal of all claims with

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prejudice.

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IT IS SO ORDERED.

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Dated: January 27, 2012

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_________________________________
PAUL S. GREWAL
United States Magistrate Judge

United States District Court
For the Northern District of California

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See Civ. L.R. 7-1(b).

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Case No.: 11-3839
ORDER

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