Marcaida et al v. Washington Mutual Bank FA et al

Filing 14

ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO SERVE OR PROSECUTE, AND ORDER VACATING CASE MANAGEMENT CONFERENCE. Order to Show Cause Hearing set for 9/14/2012 09:01 AM. Show Cause Response due by 9/7/2012. The Case Management Conference scheduled for 8/27/12 is VACATED. Signed by Judge Yvonne Gonzalez Rogers on 8/21/12. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 8/21/2012)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 7 ELISA A. MARCAIDA and FREDERICO R. MARCAIDA, 8 9 10 11 Plaintiffs, vs. Case No.: 12-cv-00918-YGR ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO SERVE OR PROSECUTE, AND ORDER VACATING CASE MANAGEMENT CONFERENCE WASHINGTON MUTUAL BANK FA, et al., Defendants. Northern District of California United States District Court 12 13 14 15 16 17 18 19 An Order to Show Cause hearing regarding why this action should not be dismissed for failure to serve or prosecute shall be held on Friday, September 14, 2012 on the Court’s 9:01a.m. Calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California in Courtroom 5. Pursuant to Federal Rule of Civil Procedure 4(m), a defendant must be served within 120 days from the date the lawsuit was filed. It is not clear to the Court that any Defendants have been served. Plaintiffs have otherwise failed to prosecute this action. By September 7, 2012, Plaintiffs must file a written response to this Order to Show Cause, if 20 they contest it, and must personally appear at the Order to Show Cause hearing on September 14. 21 Plaintiffs’ failure to file a written response or to appear personally will be deemed an admission that 22 no good cause exists to continue prosecuting this action and the case will thereafter be dismissed. 23 The Case Management Conference scheduled for August 27, 2012 is hereby VACATED. 24 IT IS SO ORDERED. 25 26 Date: August 21, 2012 27 28 ________________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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