ROBINSON v. WELLS FARGO HOME MORTGAGE

Case No. 16-cv-01619-YGR.

JOHN EDWARD ROBINSON, ET AL., Plaintiffs, v. WELLS FARGO HOME MORTGAGE, ET AL., Defendants.

United States District Court, N.D. California.

Editors Note
Applicable Law: 28 U.S.C. § 1441
Cause: 28 U.S.C. § 1441 Petition for Removal
Nature of Suit: 220 Real Property: Foreclosure
Source: PACER


Attorney(s) appearing for the Case

John Edward Robinson, Plaintiff, Pro Se.

Janice M. Walsh, Plaintiff, Pro Se.

Wells Fargo Home Mortgage, Defendant, represented by Steven Robert Telles , AFRCT, LLP.


ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE

YVONNE GONZALEZ ROGERS, District Judge.

Plaintiffs John Edward Robinson and Janice M. Walsh, proceeding pro se, bring this action against defendant Wells Fargo Bank, N.A. Plaintiffs filed an amended complaint on January 4, 2017. (Dkt. No. 54, "FAC.") On January 19, 2017, defendant filed a motion to dismiss the FAC. (Dkt. No. 58.) Plaintiff's response was due on February 2, 2017. On February 10, 2017, defendant filed a notice of non-receipt of opposition to its motion to dismiss, and requests that this Court grant its motion. (Dkt. No. 63.) As of today, plaintiffs have yet to file a response to defendant's motion to dismiss. As a result, the Court is considering dismissing plaintiffs' lawsuit for "failure to prosecute," that is, a failure to meet deadlines to keep the lawsuit moving forward.

Plaintiffs are hereby ORDERED TO SHOW CAUSE why the Court should not dismiss the case for failure to prosecute. Not later than Friday, February 24, 2017, plaintiffs must file either: (i) a response to defendant's motion to dismiss; or (ii) a written response to this Order to Show Cause, indicating why the case should not be dismissed for failure to prosecute. Failure to file a written response will be deemed an admission that plaintiffs do not intend to prosecute, and the case will be dismissed without prejudice.

The Court also VACATES the hearing on defendant's motion to dismiss currently set for February 28, 2017.

IT IS SO ORDERED.


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