Ahmed v. Wachovia et al

Filing 16

ORDER to Show Cause Why Case Should Not Be Dismissed for Failure to Prosecute. Signed by Judge Lucy H. Koh on 10/20/11. (lhklc3, COURT STAFF) (Filed on 10/20/2011)

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UNITED STATES DISTRICT COURT

United States District Court
For the Northern District of California

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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IFTIKHAR AHMED, an individual,
Plaintiff,

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vs.
WACHOVIA now doing business as WELLS
FARGO BANK, N.A.; CAL-WESTERN
RECONVEYENCE CORPORATION, and
DOES 1 through 50, inclusive,
Defendants.

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Case No.: 5:11-cv-03953-LHK
ORDER TO SHOW CAUSE WHY THIS
CASE SHOULD NOT BE DISMISSED
FOR FAILURE TO PROSECUTE

On July 11, 2011, Plaintiff filed an action in California Superior Court for violation of

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California Business and Professional Code § 17200; California Civil Code § 1572; fraud;

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intentional misrepresentation; wrongful foreclosure under California Civil Code §§ 2923, 2924;

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and quiet title. On August 11, 2011, the case was removed by Defendant Wells Fargo Bank—

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Wachovia’s successor by merger—to federal court based on diversity jurisdiction, and on August

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17, 2011, the case was reassigned to this Court. The next day, Wachovia filed a motion to dismiss

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the complaint on all counts and a motion to strike portions of the complaint. ECF Nos. 10, 11.

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Both motions required a response by Plaintiff by September 1, 2011.

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Case No.: 5:11-CV-03953-LHK
ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

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To date, Plaintiff has failed to respond to either of these motions. In light of these facts, the

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Court orders Plaintiff to show cause why this case should not be dismissed for failure to prosecute.

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This Order does not authorize Plaintiff to file an untimely opposition to the motion to dismiss or

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motion to strike. Plaintiff has until November 3, 2011 to file a response to this Order to Show

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Cause. A hearing on this Order to Show Cause is set for November 16, 2011 at 2:00 P.M. Failure

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to respond to this Order and appear at the November 16, 2011 hearing will result in dismissal

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without prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Dated: October 20, 2011

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LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

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Case No.: 5:11-CV-03953-LHK
ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE