Montgomery v. U.S. Bank, N.A.

Good Law
United States District Court, Northern District of CaliforniaMay 3, 20243:24-cv-00557California976 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RAY MONTGOMERY, et al., Case No. 24-cv-00557-RFL

Plaintiffs,

ORDER DISMISSING ACTION FOR

v. FAILURE TO PROSECUTE

U.S. BANK, N.A., et al., Re: Dkt. No. 18 Defendants.

Plaintiffs, who are proceeding pro se, filed their Complaint against Defendants (Dkt. No. 1), as well as a motion for a temporary restraining order (Dkt. No. 2), on January 30, 2024. On February 6, 2024, the Court denied Plaintiffs’ motion for a temporary restraining order. (Dkt. No. 15.) Subsequently, on February 29, 2024, Defendants filed a motion to dismiss Plaintiffs’ Complaint. (Dkt. No. 16.) Plaintiffs’ opposition to Defendants’ motion to dismiss was due on March 14, 2024. Plaintiffs did not file any opposition to the motion to dismiss. Nor did Plaintiffs request an extension of time to respond. Accordingly, on March 21, 2024, the Court issued an order to show cause. (Dkt. No. 18.) Plaintiffs were ordered to show cause why this case should not be dismissed for failure to prosecute. (Id. at 1.) Plaintiffs were further ordered to file a response to the motion to dismiss if they wished to pursue…

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