Filed: Sep. 11, 2019
Latest Update: Sep. 11, 2019
Summary: ORDER TO SHOW CAUSE; VACATING CASE MANAGEMENT CONFERENCE Re: Dkt. No. 54 YVONNE GONZALEZ ROGERS , District Judge . On July 23, 2019, defendant Capital One Bank (USA), N.A. ("Capital One") filed a motion to dismiss. (Dkt. No. 28.) After the deadline to file an opposition brief had passed, the Court entered an order requiring, among other things, that plaintiff file a response to the motion by September 6, 2019. (Dkt. No. 50.) Plaintiff failed to do so. Accordingly, plaintiff is hereby ORD
Summary: ORDER TO SHOW CAUSE; VACATING CASE MANAGEMENT CONFERENCE Re: Dkt. No. 54 YVONNE GONZALEZ ROGERS , District Judge . On July 23, 2019, defendant Capital One Bank (USA), N.A. ("Capital One") filed a motion to dismiss. (Dkt. No. 28.) After the deadline to file an opposition brief had passed, the Court entered an order requiring, among other things, that plaintiff file a response to the motion by September 6, 2019. (Dkt. No. 50.) Plaintiff failed to do so. Accordingly, plaintiff is hereby ORDE..
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ORDER TO SHOW CAUSE; VACATING CASE MANAGEMENT CONFERENCE
Re: Dkt. No. 54
YVONNE GONZALEZ ROGERS, District Judge.
On July 23, 2019, defendant Capital One Bank (USA), N.A. ("Capital One") filed a motion to dismiss. (Dkt. No. 28.) After the deadline to file an opposition brief had passed, the Court entered an order requiring, among other things, that plaintiff file a response to the motion by September 6, 2019. (Dkt. No. 50.) Plaintiff failed to do so.
Accordingly, plaintiff is hereby ORDERED TO SHOW CAUSE why Capital One's motion to dismiss should not be decided by the Court notwithstanding plaintiff's failure to oppose. By no later than Monday, September 30, 2019, plaintiff shall file either a statement of non-opposition to the motion or an opposition to the same. If plaintiff fails to do so, the Court will proceed to issue a decision on the motion.
Further, in light of the pending motion, the case management conference currently set for September 16, 2019 shall be VACATED.1
IT IS SO ORDERED.
FootNotes
1. Defendants' joint motion to appear by telephone at the case management conference is TERMINATED as MOOT. (Dkt. No. 54.)
