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Minix v. JPMorgan Chase Bank, N.A.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 14, 2011
No. C 11-03478 SI (N.D. Cal. Nov. 14, 2011)

Opinion

No. C 11-03478 SI

11-14-2011

DELORES MINIX, Plaintiff, v. JPMORGAN CHASE BANK, N.A. et al., Defendants.


ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE; AND VACATING NOVEMBER 18, 2011 HEARING

On July 14, 2011, plaintiff - who is represented by counsel - filed this suit in Santa Clara County Superior Court. Defendants removed this action to the Northern District of California and the matter was assigned to Judge Jeremy Fogel. On September 28, 2011, the case was re-assigned to Judge Susan Illston, located at the federal courthouse at 450 Golden Gate Avenue, San Francisco, CA 94010.

On July 22, 2011, defendants JP Morgan Chase Bank, N.A. and Mortgage Electronic Registration Systems, Inc. filed a motion to dismiss plaintiff's complaint. Plaintiff did not file a timely reply to this motion. However, because the case was re-assigned to Judge Illston, all of the matters scheduled for hearing were vacated and the parties were order to re-file their motions. On September 30, 2011, defendants JP Morgan Chase and Mortgage Electronic Registration Systems re-filed their motion to dismiss. Doc. 21. The motion is scheduled for a hearing on November 18, 2011. Pursuant to Civil Local Rule 7-3(a), plaintiff's opposition was due by October 14, 2011. Plaintiff has not yet filed an opposition, nor has she communicated in any way with the Court concerning these matters.

Plaintiff is hereby ORDERED TO SHOW CAUSE in writing to be filed no later than November 28, 2011, why this case should not be dismissed without prejudice for failure to prosecute. See Fed. R. Civ. Proc. 41(b). Plaintiff is notified that an inadequate or untimely response will result in dismissal. The November 18, 2011 hearing on defendants' motion to dismiss is VACATED, and will be rescheduled if necessary.

IT IS SO ORDERED.

SUSAN ILLSTON

United States District Judge


Summaries of

Minix v. JPMorgan Chase Bank, N.A.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 14, 2011
No. C 11-03478 SI (N.D. Cal. Nov. 14, 2011)
Case details for

Minix v. JPMorgan Chase Bank, N.A.

Case Details

Full title:DELORES MINIX, Plaintiff, v. JPMORGAN CHASE BANK, N.A. et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 14, 2011

Citations

No. C 11-03478 SI (N.D. Cal. Nov. 14, 2011)