Ganta v. JPMorgan Chase Bank, N.A.

Filing 16

ORDER TO SHOW CAUSE. Signed by Judge Edward J. Davila on 10/16/2020. (ejdlc3S, COURT STAFF) (Filed on 10/16/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

10
11

VIVEK GANTA,

Case No. 5:20-cv-06230-EJD

United States District Court
Northern District of California

Plaintiff,
12

ORDER TO SHOW CAUSE

v.

Re: Dkt. No. 6

13
14

JPMORGAN CHASE BANK, N.A.,
Defendant.

15
Defendant JP Morgan Chase Bank, N.A. (“Defendant”) removed this action from Santa

16
17

Clara County Superior Court on the basis of 28 U.S.C. §§ 1441(a) and 1441(c)(1), as one of the

18

asserted claims arises under federal law. On September 10, 2020, Defendant moved to dismiss the

19

Complaint, asserting that Plaintiff’s claims are barred by res judicata because the state court

20

previously entered a judgment against Plaintiff on the same claims in a separate but identical state

21

court action filed in 2019. To date, Plaintiff, who is proceeding pro se, has failed to respond to the

22

motion and the time within which to do so has expired.

23

Accordingly, Plaintiff is ordered to show cause in writing why this case should not be

24

dismissed as barred by res judicata and for failure to prosecute. Plaintiff must file and serve a

25

written response to this Order to Show Cause no later than November 6, 2020. If Plaintiff fails to

26

do so, the court will dismiss this action with prejudice pursuant to Federal Rule of Civil Procedure

27

41(b).

28

Case No.: 5:20-cv-06230-EJD
ORDER TO SHOW CAUSE
1

1

Plaintiff is further advised that Defendant has filed a motion for sanctions. The response to

2

this motion is due October 27, 2020. Failure to respond to the motion for sanction may result in

3

the imposition of sanctions in the amount of at least $7,766.62.

4

IT IS SO ORDERED.

5

Dated: October 16, 2020
______________________________________
EDWARD J. DAVILA
United States District Judge

6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Case No.: 5:20-cv-06230-EJD
ORDER TO SHOW CAUSE
2