Moran v. GMAC Mortgage, LLC et al
Filing
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Order to Show Cause Why Case Should Not be Dismissed for Failure to Prosecute. Signed by Judge Lucy H. Koh on 3/10/2014. (lhklc1, COURT STAFF) (Filed on 3/10/2014)
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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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PATRICIA C. MORAN,
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Plaintiff,
v.
GMAC MORTGAGE, LLC, et al.,
Defendants.
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Case No.: 5:13-CV-04981-LHK
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE
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Plaintiff Patricia Moran filed her complaint in state court on September 4, 2013, which
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Defendants then removed to federal court on October 25, 2013. See ECF No. 1. On November 1,
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2013, Defendants filed a Motion to Dismiss. See ECF No. 7. In their motion, Defendants primarily
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contend that Jenkins v. JP Morgan Chase Bank, N.A., 216 Cal. App. 4th 497 (2013), forecloses
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Plaintiff’s principal claims. See id. Defendants also provide other arguments for dismissal unique
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to each of Plaintiff’s nine claims. See id. Pursuant to Civil Local Rule 7-3(a), Plaintiff’s opposition
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to Defendants’ Motion to Dismiss, or in the Alternative, Motion for Summary Judgment, was due
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on November 15, 2013. As of today, March 10, 2014, Plaintiff has not filed an opposition or
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statement of non-opposition to Defendants’ Motion to Dismiss. Pursuant to Civil Local Rule 725
1(b), the Court vacates the March 27, 2014 hearing on Defendants’ Motion to Dismiss.
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In light of Plaintiff’s failure to timely oppose Defendants’ Motion, the Court ORDERS
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Plaintiff to show cause why this case should not be dismissed for failure to prosecute under Federal
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Case No.: 13-CV-04981-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE
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Rule of Civil Procedure 41(b). This Order does not authorize Plaintiff to file an untimely
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opposition to the Motion to Dismiss. Plaintiff has until March 21, 2014 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 Thursday, March 27,
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2014 at 1:30 p.m. Plaintiff’s failure to respond to this Order and to appear at the March 27, 2014
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hearing will result in dismissal with prejudice for failure to prosecute.
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IT IS SO ORDERED.
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Dated: March 10, 2014
_________________________________
LUCY H. KOH
United States District Judge
United States District Court
For the Northern District of California
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Case No.: 13-CV-04981-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE
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