Plaintiff Must Show Cause by Thursday Why She Didn’t Answer Weee’s Motion to Dismiss

U.S. Magistrate Judge Donna Ryu for Northern California in Oakland ordered plaintiff Helen Jia to show cause by Thursday why she failed to respond to defendant Weee’s Aug. 28 motion to dismiss her fraud complaint, said Ryu signed Sept. 13 order (docket 4:23-cv-02314). Jia alleges that security failures leading to a data breach at Weee, which bills itself as America's largest online Asian supermarket, allowed hackers to steal personal and financial data from 1.1 million customers, targeting many, like Jia, who are Chinese immigrants (see 2305120011). Jia’s response in opposition to Weee’s motion to dismiss was due Sept. 11, but none was received, said Ryu’s order. Jia alternatively has until Thursday to file a statement of nonopposition to the motion as required by Civil Local Rule 7-3(b), it said. The order to show cause doesn’t constitute “permission to file a late opposition,” it said. The Oct. 12 hearing on Weee's motion to dismiss is vacated, and a new hearing “shall be noticed by the court if necessary,” said the order. If Jia doesn’t respond by Thursday, Weee’s motion to dismiss may be granted, “or the case may be dismissed for failure to prosecute,” it said.