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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1 *E-FILED: November 9, 2012* 2 3 4 5 6 NOT FOR CITATION 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION For the Northern District of California United States District Court 10 11 12 13 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 14 15 Plaintiff filed this action on March 6, 2012 and the docket gives no indication that Plaintiff 16 has served the summons and complaint on Defendants. And, Defendants have yet to appear in this 17 action. The deadline for issuing service on Defendants was July 5, 2012. Fed. R. Civ. P. 4(m). 18 Accordingly, Plaintiff is now ORDERED to appear on December 18, 2012 at 10:00 a.m. in 19 Courtroom 2, Fifth Floor, United States District Court, 280 S. First Street, San Jose, California, 20 95113 to show cause why this case should not be dismissed for failure to prosecute. If Plaintiff fails 21 to file proof of service of the Summons and Complaint by that time or show good cause for his 22 failure to do so, the case will be dismissed. In light of the fact that Defendants have not yet been 23 served, the Initial Case Management Conference, currently set for November 13, 2012, is vacated. 24 It will be rescheduled as necessary. 25 26 27 IT IS SO ORDERED. Dated: November 9, 2012 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 28 1 C 12-01131 HRL Notice will be mailed to: 2 Rafael Ortiz 20240 Spence Road Salinas, CA 93905 3 4 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. 5 6 7 8 9 For the Northern District of California United States District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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