Baner v. Wells Fargo Bank, N.A. et al
Filing
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ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 9/4/2012 02:00 PM. Show Cause Response due by 8/24/2012.. Signed by Judge Elizabeth D. Laporte on August 10, 2012. (edllc2, COURT STAFF) (Filed on 8/10/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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WILLIAM B. BANER,
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Plaintiff,
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No. C -12-01189 EDL
ORDER TO SHOW CAUSE
v.
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WELLS FARGO BANK,
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Defendant.
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/
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On July 17, 2012, the Court held a hearing on Defendant’s Motion to Dismiss Plaintiff’s
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complaint. Plaintiff had not filed an opposition to the Motion to Dismiss, but Plaintiff’s counsel
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appeared at the hearing. At the hearing, the Court indicated that it intended to grant the motion on
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the merits, and Plaintiff agreed to file an amended complaint no later than July 31, 2012. On July
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23, 2012, the Court issued an Order granting Defendant’s Motion to Dismiss, and stating that an
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amended complaint was due no later than July 31, 2012. Plaintiff did not file an amended
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complaint, and has not otherwise communicated with the Court regarding the amended complaint.
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Accordingly, Plaintiff is hereby ordered to show cause why this case should not be
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dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Plaintiff's
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written response to this Order to Show Cause shall be due no later than August 24, 2012. A show
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cause hearing is scheduled for September 4, 2012 at 2:00 p.m. in Courtroom E, 15th floor, 450
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Golden Gate Avenue, San Francisco, CA. It is further ordered that if Plaintiff fails to file a response
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to this Order to Show Cause by August 24, 2012, the Court will dismiss this action for failure to
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prosecute.
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IT IS SO ORDERED.
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Dated: August 10, 2012
ELIZABETH D. LAPORTE
United States Magistrate Judge
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United States District Court
For the Northern District of California
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