Gens v. Wells Fargo Bank, N.A.

Filing 40

ORDER DISCHARGING ORDER TO SHOW CAUSE; VACATING SHOW CAUSE HEARING; AND GRANTING DEBTOR-APPELLANT'S REQUEST FOR VOLUNTARY DISMISSAL. Signed by Judge Beth Labson Freeman on 8/29/2017. (blflc1S, COURT STAFF) (Filed on 8/29/2017)

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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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LAURA GENS,
Debtor-Appellant,

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Case No. 17-cv-01001-BLF

v.
WELLS FARGO BANK, N.A.,
Appellee.

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ORDER DISCHARGING ORDER TO
SHOW CAUSE; VACATING SHOW
CAUSE HEARING; AND GRANTING
DEBTOR-APPELLANT’S REQUEST
FOR VOLUNTARY DISMISSAL

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United States District Court
Northern District of California

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On August 9, 2017, the Court issued an Order to Show Cause stating that Debtor-

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Appellant Laura Gens’ opening brief was overdue and directing Gens to show cause, in writing

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and on or before August 30, 2017, why her appeal should not be dismissed for failure to prosecute.

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Order to Show Cause, ECF 38. The Court also set a Show Cause Hearing for August 31, 2017 at

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9:00 a.m. Id.

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On August 28, 2017, Gens filed a response to the Order to Show Cause, stating that there

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is no point in pursuing the bankruptcy appeal now that her home has been sold, because the

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purpose of the appeal was to save her home. Gens’ Response, ECF 39. Gens requests that the

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Court dismiss her appeal and vacate the Show Cause Hearing. Id.

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Gens’ request is GRANTED. The Order to Show Cause is DISCHARGED; the Show

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Cause Hearing set for August 31, 2017 is VACATED; and Gens’ request for a voluntary dismissal

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of her appeal is GRANTED. The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: August 29, 2017
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BETH LABSON FREEMAN
United States District Judge