Marscellas et al v. Wells Fargo Bank, N.A. et al

Filing 59

ORDER TO SHOW CAUSE; NOTICE OF IMMINENT DISMISSAL. Show Cause Response due by 1/11/2016. Signed by Judge Beth Labson Freeman on 12/15/2015. (blflc3S, COURT STAFF) (Filed on 12/15/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CARL MARSCELLAS, et al.,

Case No. 13-cv-05806-BLF

Plaintiffs,
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v.

ORDER TO SHOW CAUSE; NOTICE
OF IMMINENT DISMISSAL

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WELLS FARGO BANK, N.A., et al.,
Defendants.

United States District Court
Northern District of California

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Plaintiffs filed this action on October 24, 2013. ECF 1 at 2. Since September 17, 2014,

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Plaintiffs have not taken any action in this case including failing to respond to a motion to dismiss

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by Defendant Wells Fargo Bank and failing to appear at the hearing on that motion to dismiss. A

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failure to attend hearings, comply with court orders, and a failure to prosecute an action are each

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grounds for dismissal with prejudice under Fed. R. Civ. P. 41(b). See, e.g., Bowling v. Hasbro,

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Inc., 403 F.3d 1373, 1375-77 (Fed. Cir. 2005) (applying the law of the Ninth Circuit).

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Accordingly, the Court ORDERS Plaintiff to show cause in writing on or before January

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11, 2016 why this action should not be dismissed with prejudice for failure to comply with court

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orders and for failure to prosecute. If Plaintiff does not respond, the Court will dismiss the action

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with prejudice with respect all Defendants pursuant to Federal Rule of Civil Procedure 41(b)

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without further notice.

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IT IS SO ORDERED.
Dated: December 15, 2015
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BETH LABSON FREEMAN
United States District Judge