Suarez v. Countrywide Bank, N.A. et al

Filing 20

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 11/1/2012 01:30 PM. Show Cause Response due by 10/24/2012.. Signed by Judge Lucy H. Koh on 10/9/2012. (lhklc2, COURT STAFF) (Filed on 10/9/2012)

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

ARMANDO SUAREZ,

12

Plaintiff,
v.

13
14

COUNTRYWIDE BANK, N.A., et al.,
Defendants.

15
16

)
)
)
)
)
)
)
)
)
)
)

Case No.: 12-CV-01319-LHK
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

17
Plaintiff Armando Suarez (“Plaintiff”) filed his complaint in this Court on March 16, 2012,
18
alleging ten claims. ECF No. 1. On June 14, 2012, Plaintiff filed his declination to proceed before
19
a Magistrate Judge, ECF No. 7, and the case was assigned to the undersigned judge on June 15,
20
2012. ECF No. 10. On July 30, 2012, Defendants Countrywide Bank, N.A. (“Countrywide”),
21
Recontrust Company, N.A. (“Recontrust”), and Bank of America, N.A. (“Bank of America”) filed
22
a motion to dismiss all ten of Plaintiff’s claims, pursuant to Federal Rule of Civil Procedure
23

12(b)(6). 1 See ECF No. 12. Pursuant to Civil Local Rule 7-3(a), Plaintiff’s opposition to the

24
motion to dismiss was due on August 13, 2012. Plaintiff never filed an opposition or statement of
25
nonopposition to Defendants’ motion to dismiss.
26
27
28

1

Defendants Regina D. Myles and Diane Bolton filed a joinder in the motion to dismiss on August
14, 2012. ECF No. 17. Defendant The Bank of New York Mellon filed a joinder in the motion to
dismiss on August 16, 2012. ECF No. 19.
1

Case No.: 12-CV-1319-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

1

The Court hereby ORDERS Plaintiff to show cause why this case should not be dismissed
for failure to prosecute. This Order does not authorize Plaintiff to file an untimely opposition to

3

Defendants’ motion to dismiss. Plaintiff has until October 24, 2012 to file a response to this Order

4

to Show Cause. The November 1, 2012 case management conference and hearing on Defendants’

5

motion to dismiss are vacated. Instead, a hearing on this Order to Show Cause is set for Thursday,

6

November 1, 2012 at 1:30 P.M. Plaintiff’s failure to respond to this Order and to appear at the

7

November 1, 2012 hearing will result in dismissal of this case with prejudice for failure to

8

prosecute.

9

IT IS SO ORDERED.

10
United States District Court
For the Northern District of California

2

Dated: October 9, 2012

_________________________________
LUCY H. KOH
United States District Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

Case No.: 12-CV-1319-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE