Paula Whiterock v. Old Republic Default Management Services et al

Northern District of California, cand-4:2015-cv-01033

ORDER TO SHOW CAUSE to Plaintiff. Show Cause Response due by 5/1/2015. Motion Hearing on {{8}} Motion to Dismiss continued to 5/21/2015 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 4/7/2015. (kawlc1, COURT STAFF) (Additional attachment(s) added on 4/8/2015: # {{1}} Certificate/Proof of Service)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 PAULA WHITEROCK, 7 Case No. 15-cv-01033-KAW Plaintiff, 8 ORDER TO SHOW CAUSE; ORDER v. CONTINUING HEARING ON MOTION 9 TO MAY 21, 2015 OLD REPUBLIC DEFAULT 10 MANAGEMENT SERVICES, et al., Re: Dkt. No. 8 11 Defendants. 12 Northern District of California United States District Court 13 On December 10, 2014, Plaintiff Paula Whiterock, proceeding pro se, filed this mortgage 14 case against Defendants Old Republic Default Management Services and Manufacturers and 15 Traders Trust Company ("M&T"). (Compl., Dkt. No. 1, Ex. 1.) On March 11, 2014, M&T filed a 16 motion to dismiss in this action, which was joined by co-defendant Old Republic. (Dkt. Nos. 8 & 17 12.) 18 Pursuant to Civil Local Rule 7-3, Plaintiff's opposition was due on March 30, 2015. 19 Plaintiff did not file an opposition. 20 Accordingly, by no later than May 1, 2015, the Court orders Plaintiff to (1) show cause 21 why her case should not be dismissed for failure to prosecute, and (2) file either an opposition to 22 the motion to dismiss or a statement of non-opposition to the motion to dismiss. The response to 23 this order to show cause and the opposition should be filed as separate documents. Failure to 24 timely file both documents may result in the dismissal of this action for failure to prosecute. See 25 Judge Westmore's General Standing Order ¶ 22 ("The failure of the opposing party to file a 26 memorandum of points and authorities in opposition to any motion shall constitute consent to the 27 granting of the motion"). 28 To aid in her compliance with this order, Plaintiff may wish to consult a manual the court 1 has adopted to assist pro se litigants in presenting their case. This manual, and other free 2 information, is available online at: Plaintiff may also 3 contact the Federal Pro Bono Project's Help Desk—a free service for pro se litigants— by calling 4 (415) 782-8982 to make an appointment to have any remaining questions answered. 5 Additionally, the April 16, 2015 hearing on the motion to dismiss is continued to May 21, 6 2015 at U.S. District Court, 1301 Clay Street, Oakland, California at 11:00 a.m. in Courtroom 4. 7 IT IS SO ORDERED. 8 Dated: April 7, 2015 9 ______________________________________ KANDIS A. WESTMORE 10 United States Magistrate Judge 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2