Hu v. The Guardian Life Insurance Company of America

Filing 9

ORDER TO SHOW CAUSE. Hu must show cause why the action should not be dismissed for failure to prosecute, and consent or decline the jurisdiction of a magistrate judge by 8/25/2017. Signed by Judge Nathanael Cousins on 8/11/2017. (Attachments: # 1 Consent/Declination Form, # 2 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 8/11/2017)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 JASON HU, United States District Court Northern District of California 11 12 13 Case No. 17-cv-04098-NC Plaintiff, 10 ORDER TO SHOW CAUSE v. THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, Defendant. 14 15 Plaintiff Jason Hu filed a civil action against defendant Guardian Life Insurance 16 Company of America, in the Superior Court of California, County of Santa Clara. Dkt. 17 No. 1-1. Guardian removed the action to federal court on July 20, 2017. Dkt. No. 1. On 18 July 26, 2017, Guardian moved to dismiss Hu’s complaint for failure to state a claim under 19 FRCP 12(b)(6). Dkt. No. 6. Hu’s response was due August 9, 2017, but he has not filed a 20 response or taken any further action in the case. Hu also has not consented to or declined 21 the jurisdiction of a magistrate judge. See Civ. L.R. 73. 22 Thus, the Court ORDERS Hu to show cause why the action should not be dismissed 23 for failure to prosecute. Hu must respond to this order within 14 days, by August 25, 24 2017, indicating his intent to prosecute his claims, and consenting to or declining the 25 jurisdiction of a magistrate judge. 26 27 28 IT IS SO ORDERED. Dated: August 11, 2017 _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge

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