Miller et al -v- Bank of America, N.A., et al

Filing 8

ORDER to Show Cause. Signed by Judge Lucy H. Koh on 3/28/2013. (lhklc3, COURT STAFF) (Filed on 3/28/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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DAVID WYNN MILLER, EDUARDO R.
DIAO, and MARIA AIDA C. DIAO,
Plaintiffs,

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vs.
BANK OF AMERICA, N.A., PRLAP, INC,
Defendants.

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Case No.: 12-CV-05585-LHK
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

For the reasons stated herein, the Court ORDERS Plaintiffs David Wynn Miller, Eduardo

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R. Diao, and Maria Aida C. Diao (“Plaintiffs”) to Show Cause why this Case Should Not Be

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Dismissed for Failure to Prosecute.

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Plaintiffs have not been diligent in serving the Defendants in this case. Plaintiffs filed their

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complaint on October 31, 2012. See ECF No. 1. However, plaintiffs have failed to submit any

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documentation demonstrating that they have properly served Defendants. Pursuant to Rule 4(m) of

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the Federal Rules of Civil Procedure, “[i]f a defendant is not served within 120 days after the

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complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss

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the action without prejudice against that defendant or order that service be made within a specified

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time.” Fed. R. Civ. P. 4(m).

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Case No.: 12-CV-05585-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

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In addition, Plaintiffs have failed to comply with the Court’s requirements regarding Case

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Management Conferences. On January 28, 2013, the Court set a Case Management Conference for

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March 27, 2013, and stated that the Case Management Statement was due by March 20, 2013. See

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ECF No. 6. Plaintiffs failed to file a timely joint case management statement in violation of Civil

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Local Rule 16-10 of the United States District Court for the Northern District of California.

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Plaintiffs also failed to appear at the Case Management Conference.
Thus, the Court hereby ORDERS Plaintiffs to Show Cause why this case should not be

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dismissed for failure to prosecute. Plaintiffs have until April 12, 2013, to file a response to this

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Order to Show Cause. A hearing on this Order to Show Cause is set for Wednesday, April 17,

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United States District Court
For the Northern District of California

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2013, at 2:00 p.m. Plaintiffs’ failure to respond to this Order and to appear at the April 24, 2013

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hearing will result in dismissal without prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Dated: March 28, 2013

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-05585-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE