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

Filing 9

AMENDED ORDER TO SHOW CAUSE. Signed by Judge Lucy H. Koh on 4/01/2013. (lhklc3, COURT STAFF) (Filed on 4/1/2013) (Additional attachment(s) added on 4/1/2013: # 1 Certificate/Proof of Service) (mpb, COURT STAFF).

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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 12 DAVID WYNN MILLER, EDUARDO R. DIAO, and MARIA AIDA C. DIAO, Plaintiffs, 13 14 15 16 vs. BANK OF AMERICA, N.A., PRLAP, INC, Defendants. 17 18 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 12-CV-05585-LHK AMENDED 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 19 R. Diao, and Maria Aida C. Diao (“Plaintiffs”) to Show Cause why this Case Should Not Be 20 Dismissed for Failure to Prosecute. 21 Plaintiffs have not been diligent in serving the Defendants in this case. Plaintiffs filed their 22 complaint on October 31, 2012. See ECF No. 1. However, plaintiffs have failed to submit any 23 documentation demonstrating that they have properly served Defendants. Pursuant to Rule 4(m) of 24 the Federal Rules of Civil Procedure, “[i]f a defendant is not served within 120 days after the 25 complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss 26 the action without prejudice against that defendant or order that service be made within a specified 27 time.” Fed. R. Civ. P. 4(m). 28 Case No.: 12-CV-05585-LHK AMENDED ORDER TO SHOW CAUSE 1 In addition, Plaintiffs have failed to comply with the Court’s requirements regarding Case 2 Management Conferences. On January 28, 2013, the Court set a Case Management Conference for 3 March 27, 2013, and stated that the Case Management Statement was due by March 20, 2013. See 4 ECF No. 6. Plaintiffs failed to file a timely joint case management statement in violation of Civil 5 Local Rule 16-10 of the United States District Court for the Northern District of California. 6 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 8 dismissed for failure to prosecute. Plaintiffs have until April 12, 2013, to file a response to this 9 Order to Show Cause. A hearing on this Order to Show Cause is set for Wednesday, April 17, 10 United States District Court For the Northern District of California 7 2013, at 2:00 p.m. Plaintiffs’ failure to respond to this Order and to appear at the April 17, 2013 11 hearing will result in dismissal without prejudice for failure to prosecute. 12 IT IS SO ORDERED. 13 14 Dated: April 1, 2013 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 12-CV-05585-LHK AMENDED ORDER TO SHOW CAUSE _________________________________ LUCY H. KOH United States District Judge

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