Miller et al v. Mortgage Investors Group

Filing 9

ORDER That Case Be Reassigned to a District Judge; REPORT AND RECOMMENDATIONS re Dismissal Without Prejudice. Objections due by 12/21/2012. Signed by Magistrate Judge Howard R. Lloyd on 12/4/2012. (hrllc2, COURT STAFF) (Filed on 12/4/2012)

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*E-FILED: December 4, 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NOT FOR CITATION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

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For the Northern District of California

United States District Court

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No. C12-04764 HRL

DAVID WYNN MILLER; LOURDES O.
TANJOCO,

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ORDER THAT CASE BE REASSIGNED
TO A DISTRICT JUDGE

Plaintiffs,
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REPORT AND RECOMMENDATION RE
DISMISSAL WITHOUT PREJUDICE

v.
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MORTGAGE INVESTORS GROUP;
CHARLES E. TONKIN, III,
Defendants.
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This matter was set for a November 13, 2012 initial case management conference.

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Plaintiffs failed to appear. This court issued an order directing them to appear on December 4,

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2012 and show cause why this case should not be dismissed for their apparent inattention to it.

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Plaintiffs did not appear for the show cause hearing, and they have not otherwise responded to

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the show cause order.

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Accordingly, the Clerk of the Court shall reassign this case to a District Judge, and the

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undersigned recommends that the instant action be dismissed without prejudice for failure to

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prosecute. FED. R. CIV. P. 41(b).

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Any party may file objections to this report and recommendation with the District Judge

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within fourteen days after being served with a copy. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.

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72(b).

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SO ORDERED.
Dated: December 4, 2012

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HOWARD R. LLOYD
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UNITED STATES MAGISTRATE JUDGE

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For the Northern District of California

United States District Court

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5:12-cv-04764-HRL Notice sent by U.S. mail to:

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David Wynn Miller
5166 North 63rd Street
Milwaukee, WI 53218

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Lourdes O. Tanjoco
3064 San Andreas Drive
Union City, CA 94587

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For the Northern District of California

United States District Court

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