Serrano v. World Savings Bank, FSB et al

Filing 18

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 7/18/2012 02:00 PM. Show Cause Response due by 7/11/2012.. Signed by Judge Lucy H. Koh on 6/25/2012. (Attachments: # 1 Certificate of Mailing)(lhklc2, COURT STAFF) (Filed on 6/25/2012)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
United States District Court
For the Northern District of California

8

SAN JOSE DIVISION

11

LETICIA SERRANO,

12

Plaintiff,
v.

13
14

WORLD SAVINGS BANK, FSB, et al.,
Defendants.

15
16

)
)
)
)
)
)
)
)
)
)

Case No.: 5:12-CV-00467-LHK
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

17

Plaintiff Leticia Serrano (“Plaintiff”) filed a complaint in state court on December 5, 2011,

18

which Defendant Wells Fargo Bank1 then removed to federal court on January 30, 2012. See ECF

19

No. 1. On February 7, 2012, Wells Fargo filed a Motion to Dismiss Plaintiff’s Complaint. See

20

ECF No. 10. Pursuant to Civil Local Rule 7-3(a), Plaintiffs’ opposition to the motion to dismiss

21

was due on February 21, 2012. Plaintiff has not filed an opposition or statement of nonopposition

22

to Defendant’s motion to dismiss. This case was reassigned to the undersigned judge on March 7,

23

2012, because this case is related to another lawsuit previously filed by Plaintiff against World

24

Savings Bank, 11-CV-00105-LHK. See Order Relating Case, ECF No. 13.

25
26

The hearing on the motion to dismiss set for August 9, 2012 is VACATED. The Court
hereby ORDERS Plaintiff to show cause why this case should not be dismissed for failure to

27
1

28

Wells Fargo was formerly known as Wachovia, which was formerly known as World Savings
Bank. See Notice of Removal at 2. ECF No. 1.
1
Case No.: 12-cv-00467-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

1

prosecute. This Order does not authorize Plaintiff to file an untimely opposition to Defendant’s

2

motion to dismiss. Plaintiff has until July 11, 2012 to file a response to this Order to Show Cause.

3

A hearing on this Order to Show Cause is set for Wednesday, July 18, 2012 at 2:00 P.M.

4

Plaintiff’s failure to respond to this Order and to appear at the July 18, 2012 hearing will result in

5

dismissal with prejudice for failure to prosecute.

6
7

IT IS SO ORDERED.

8

Dated: June 25, 2012

_________________________________
LUCY H. KOH
United States District Judge

9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case No.: 12-cv-00467-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE