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)

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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

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