Miller et al v. Greenpoint Mortgage Funding, Inc et al

Filing 11

ORDER TO SHOW CAUSE. The Court hereby orders Plaintiffs to show cause as to why this case should not be dismissed for failure to prosecute. This Order does not authorize Plaintiffs to file an untimely opposition to the Motion to Dismiss. Plaintiffs h ave until December 17, 2012 to file a response to this Order. If Plaintiffs do not, by December 17, 2012, demonstrate good cause in writing why this case should not be dismissed, the Court will dismiss the action with prejudice pursuant to Federal Ru le of Civil Procedure 41(b). No hearing will be held on the Order to Show Cause unless otherwise ordered by the Court. Signed by Judge Edward J. Davila on 12/4/2012. (ejdlc3, COURT STAFF) (Filed on 12/4/2012) (Additional attachment(s) added on 12/4/2012: # 1 Certificate of Service) (ecg, COURT STAFF). Modified text on 12/4/2012 (ecg, COURT STAFF).

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 8 9 United States District Court For the Northern District of California 10 11 12 DAVID WYNN MILLER and JANE FRANCES ) LOFRANCO, ) ) Plaintiffs, ) ) v. ) ) GREENPOINT MORTGAGE FUNDING INC.; ) MARIN CONVEYANCE CORP. (TRUSTEE); ) and LEAH BURKE, ) ) Defendants. ) Case No.: 5:12-CV-04110 EJD ORDER TO SHOW CAUSE 13 Plaintiffs filed their Complaint on August 3, 2012. See Docket Item No. 1. The Complaint 14 appears to consist of miscellaneous words, symbols, and numbers. On August 23, 2012 Defendant 15 Greenpoint Mortgage Funding, Inc. filed a Motion to Dismiss Plaintiff’s Complaint. See Docket 16 Item No. 3. Plaintiffs have not filed an opposition or statement of non-opposition to this Motion. 17 The Court hereby orders Plaintiffs to show cause as to why this case should not be 18 dismissed for failure to prosecute. This Order does not authorize Plaintiffs to file an untimely 19 opposition to the Motion to Dismiss. Plaintiffs have until December 17, 2012 to file a response to 20 this Order. If Plaintiffs do not, by December 17, 2012, demonstrate good cause in writing why this 21 case should not be dismissed, the Court will dismiss the action with prejudice pursuant to Federal 22 Rule of Civil Procedure 41(b). No hearing will be held on the Order to Show Cause unless 23 otherwise ordered by the Court. 24 IT IS SO ORDERED 25 Dated: December 4, 2012 26 _________________________________ EDWARD J. DAVILA United States District Judge 27 28 1 Case No.: 5:12-CV-04110 EJD ORDER TO SHOW CAUSE

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