Ortiz v. Bank of America Home Loan Retention Division

Filing 10

ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE. Order to Show Cause Hearing set for 12/18/2012 at 10:00 AM. Show Cause Response due by 12/11/2012. The November 13, 2012 Initial Case Management Conference is vacated. Signed by Magistrate Judge Howard R. Lloyd on November 9, 2012. (hrllc1, COURT STAFF) (Filed on 11/9/2012)

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*E-FILED: November 9, 2012*

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NOT FOR CITATION

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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

For the Northern District of California

United States District Court

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RAFAEL ORTIZ,
Plaintiff,
v.

No. C12-01131 HRL

BANK OF AMERICA HOME LOAN
RETENTION DIV.; ET AL.,
Defendants.
____________________________________

ORDER TO SHOW CAUSE RE:
FAILURE TO PROSECUTE AND
ORDER VACATING INITIAL CASE
MANAGEMENT CONFERENCE

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Plaintiff filed this action on March 6, 2012 and the docket gives no indication that Plaintiff

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has served the summons and complaint on Defendants. And, Defendants have yet to appear in this

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action. The deadline for issuing service on Defendants was July 5, 2012. Fed. R. Civ. P. 4(m).

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Accordingly, Plaintiff is now ORDERED to appear on December 18, 2012 at 10:00 a.m. in

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Courtroom 2, Fifth Floor, United States District Court, 280 S. First Street, San Jose, California,

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95113 to show cause why this case should not be dismissed for failure to prosecute. If Plaintiff fails

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to file proof of service of the Summons and Complaint by that time or show good cause for his

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failure to do so, the case will be dismissed. In light of the fact that Defendants have not yet been

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served, the Initial Case Management Conference, currently set for November 13, 2012, is vacated.

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It will be rescheduled as necessary.

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IT IS SO ORDERED.
Dated: November 9, 2012
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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C 12-01131 HRL Notice will be mailed to:

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Rafael Ortiz
20240 Spence Road
Salinas, CA 93905

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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For the Northern District of California

United States District Court

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