Vu v. Washington Mutual Bank FA et al

Filing 9

ORDER re 6 Order to Show Cause, 7 MOTION to Amend/Correct filed by Kim Ha Vu, 8 Notice (Other) filed by Kim Ha Vu. Signed by Judge Paul S. Grewal on 7/25/2012. (ofr, COURT STAFF) (Filed on 7/25/2012) (Additional attachment(s) added on 7/26/2012: # 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

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KIM HA VU, individual,
Plaintiff,

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v.
WASHINGTON MUTUAL BANK, FA, et al.

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Defendant.

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Case No.: CV 12-01126 PSG
ORDER
(Re: Docket Nos. 6, 7, 8)

On June 12, 2012, a case management conference was scheduled to be held. None of the

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parties appeared for it. On June 14, 2012, the court ordered that no later than July 17, 2012,

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Plaintiff Kim Ha Vu (“Plaintiff”) must show cause, in writing, regarding why this matter should

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not be dismissed for failure to prosecute.1 On July 17, 2012, Plaintiff filed a motion for leave to

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amend his complaint,2 as well as a letter explaining that he intends to file an amended complaint

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and will attend the next case management conference.3

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See Docket No. 6 (Order to Show Cause (“OSC”)).

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2

See Docket No. 6 (Mot. for Leave to Amend. Compl.).

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3

See Docket No. 8.
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Case No.: CV 12-01126 PSG
ORDER

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The court ORDERS that the June 14, 2012 OSC is dissolved. The court also ORDERS that

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Plaintiff’s request for leave be dismissed as moot. Fed. R. Civ. P. 15(a)(1) allows a party to amend

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his pleading once as of right, subject to certain exceptions inapplicable here.

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Finally, Plaintiff must file a First Amended Complaint (“FAC”) no later than July 31, 2012.

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If Plaintiff fails to file a FAC by this date, the court will dismiss this action without prejudice for

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failure to prosecute.

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Dated: July 25, 2012
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PAUL S. GREWAL
United States Magistrate Judge

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United States District Court
For the Northern District of California

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Case No.: CV 12-01126 PSG
ORDER