Heinnickel, Jr. v. Network Capital Funding Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN HEINNICKEL, JR., Case No. 25-cv-00174-PCP
Plaintiff,
ORDER DISMISSING THIS ACTION
v. FOR FAILURE TO PROSECUTE
NETWORK CAPITAL FUNDING Re: Dkt. Nos. 7, 14 CORPORATION, et al., 11 Defendants.
12 This case was removed from state to federal court on January 6, 2025. Dkt. No. 1. Since removal, plaintiff Heinnickel has made no filings. On January 13, 2025, defendant JPMorgan Chase, N.A. filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Dkt No. 7. Plaintiff failed to file an opposition to the motion to dismiss, and the Court ordered plaintiff to show cause why this action should not be dismissed for failure to prosecute. Dkt. No. 14. Plaintiff was given until March 5, 2025, to show cause and failed to do so by the deadline. To date, plaintiff has neither filed a response to the order to show cause nor the motion to dismiss. A district court is not required to examine the merits of an unopposed motion to dismiss before…