Opinion
Case No. SACV 13-00559-CJC(ANx)
05-02-2013
THOMAS HUGH O'LEARY ET AL. v. BAYVIEW LOAN SERVICING LLC
ATTORNEYS PRESENT FOR PLAINTIFF: None Present ATTORNEYS PRESENT FOR DEFENDANT: None Present
CIVIL MINUTES - GENERAL
PRESENT:
HONORABLE CORMAC J. CARNEY , UNITED STATES DISTRICT JUDGE
+-------------------------------+ ¦Michelle Urie ¦N/A ¦ +----------------+--------------¦ ¦Deputy Clerk ¦Court Reporter¦ +-------------------------------+
ATTORNEYS PRESENT FOR PLAINTIFF:
None Present
ATTORNEYS PRESENT FOR DEFENDANT:
None Present
PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE
On April 16, 2013, Defendant Bayview Loan Servicing LLC ("Defendant") filed a motion to dismiss Plaintiffs Thomas Hugh O'Leary and Sylvia Ursula O'Leary's (together, "Plaintiffs") First Amended Complaint ("FAC") after removing the case from state court on April 8, 2013. (Dkt. Nos. 1 [Notice of Removal], 5 [Mot. to Dismiss].) The motion is set for hearing on May 20, 2013 at 1:30 p.m. Plaintiffs' opposition was due on April 29, 2013. See Local Rule 7-9. As of May 2, 2013, Plaintiffs have not filed an opposition or any other papers related to this motion. Accordingly, the Court hereby ORDERS Plaintiffs to show cause why this case should not be dismissed for failure to prosecute, or in the alternative, why Defendant's motion should not be granted based on their failure to timely file an opposition. See Local Rule 7-12. Plaintiffs must file and serve a response to this order no later than May 9, 2013. This matter will be decided on the papers without any hearing.
Initials of Deputy Clerk MU