Eng et al v. Wells Fargo Bank, N.A. et al

Filing 17

ORDER TO SHOW CAUSE; ORDER VACATING CASE MANAGEMENT CONFERENCE AND MOTION HEARING. Show Cause Response due by 8/9/2012. Signed by Magistrate Judge Donna M. Ryu on 8/1/2012. (hlkS, COURT STAFF) (Filed on 8/1/2012) (Additional attachment(s) added on 8/1/2012: # 1 Certificate/Proof of Service) (ig, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MOON ENG, et al., 8 Plaintiffs, 9 v. ORDER TO SHOW CAUSE; ORDER VACATING CASE MANAGEMENT CONFERENCE AND MOTION HEARING WELLS FARGO BANK, et al., 11 For the Northern District of California United States District Court 10 No. C-12-02534 DMR Defendants. ___________________________________/ 12 13 On June 18, 2012, the court issued an order to show cause for Plaintiffs’ failure to respond to 14 the motion to dismiss filed by Defendant Wells Fargo Bank, N.A, and required Plaintiffs Moon Eng 15 and Shirley Armintrout to file a response by June 28, 2012. Docket No. 13. Plaintiffs did not file a 16 response to the order to show cause, and did not file an opposition or statement of non-opposition to 17 the motion to dismiss. Furthermore, Plaintiffs did not appear for the phone conference with the 18 ADR Department that was scheduled for June 28, 2012, pursuant to the court’s order of referral. See 19 Docket No. 14. 20 The court hereby ORDERS Plaintiffs Moon Eng and Shirley Armintrout to show cause why 21 this action should not be dismissed for failure to prosecute and failure to comply with an order of the 22 court. Plaintiffs must file a written response to this order to show cause by August 9, 2012. 23 Plaintiffs’ failure to respond to the order to show cause will result in dismissal of this action 24 pursuant to Federal Rule of Civil Procedure 41(b). 25 \\ 26 \\ 27 \\ 28 1 2 The court further ORDERS that the hearing on the motion to dismiss and initial case management set for August 9, 2012, are VACATED. 3 4 IT IS SO ORDERED. 5 Dated: August 1, 2012 6 7 DONNA M. RYU United States Magistrate Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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