Thomas v. Wells Fargo Bank N.A et al
Filing
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ORDER TO SHOW CAUSE Show Cause Response due by 8/8/2012.. Signed by Judge Jeffrey S. White on 8/1/12. (jjoS, COURT STAFF) (Filed on 8/1/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAVID A. THOMAS,
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For the Northern District of California
United States District Court
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Plaintiff,
No. C 12-02458 JSW
v.
WELLS FARGO BANK, N.A., et al.,
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ORDER TO SHOW CAUSE
Defendants.
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This matter is set for a hearing on August 31, 2012 on the motion to dismiss filed by
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Defendants. Pursuant to Local Civil Rule of the Northern District 7-3, an opposition or
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statement of non-opposition to this motion was due to be filed and served by July 11, 2012. To
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date, Plaintiff has not filed an opposition or statement of non-opposition.
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Plaintiff is HEREBY ORDERED TO SHOW CAUSE (“OSC”) in writing, by August 8,
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2012, why the pending motion to dismiss should not be granted in light of his failure to file a
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timely opposition or statement of non-opposition. If Plaintiff seeks to file a substantive
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response to Defendants’ motion, Plaintiff must demonstrate good cause for failing to file his
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opposition brief in a timely fashion. In his response to this OSC, Plaintiff is also directed to
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show cause why this case should not be dismissed for failure to prosecute. Plaintiff is
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admonished that his failure to respond this Order by August 8, 2012, will result in a dismissal
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of this action.
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If Plaintiff seeks to file a substantive response to Defendants’ motion and demonstrates
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good cause for his delay, the Court will provide Defendants an opportunity to file a reply brief.
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If Plaintiff fails to file a response to this Order to Show Cause by August 8, 2012, the
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Court shall dismiss this case without prejudice without further notice to Plaintiff. The Court
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advises Plaintiff that the Handbook for Pro Se Litigants, contains helpful information about
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proceeding without an attorney, is available through the Court’s website or in the Clerk’s office.
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The Court also advises Plaintiff that he also may wish to seek assistance from the Legal Help
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Center. Plaintiff may call the Legal Help Center at 415-782-9000, extension 8657, or sign up
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on the 15th Floor of the Courthouse, Room 2796, for a free appointment with an attorney who
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may be able to provide basic legal help, but not legal representation.
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IT IS SO ORDERED.
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For the Northern District of California
United States District Court
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Dated: August 1, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
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UNITED STATES DISTRICT COURT
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FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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DAVID A THOMAS,
Case Number: CV12-02458 JSW
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Plaintiff,
CERTIFICATE OF SERVICE
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v.
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WELLS FARGO BANK NA et al,
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Defendant.
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For the Northern District of California
United States District Court
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on August 1, 2012, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
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David A. Thomas
19500 Mount Jasper Drive
Castro Valley, CA 94552
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Dated: August 1, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk
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