Gomez v. World Savings Bank FSB et al
Filing
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ORDER for Pro Se Plaintiff to Personally Appear and SHOW CAUSE Why Case Should Not be Dismissed for Lack of Prosecution; ORDER Directing Clerk to Serve Pro Se Plaintiff by Mail, signed by Magistrate Judge Sandra M. Snyder on 11/30/11. Show Cause Hearing set for 1/11/2012 at 10:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. (Gonzalez, R)
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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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EDWARD GOMEZ,
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Plaintiff,
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vs.
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WORLD SAVINGS BANK FSB,
et al.,
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Defendants.
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1:10-cv-01463–- -SMS
ORDER FOR PRO SE PLAINTIFF
TO PERSONALLY APPEAR AND
SHOW CAUSE WHY CASE SHOULD
NOT BE DISMISSED FOR LACK
OF PROSECUTION
ORDER DIRECTING CLERK TO
SERVE PRO SE PLAINTIFF BY
MAIL
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Date:
Time:
Ctrm:
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1/11/12
10:00 a.m.
One ~ 8th Floor
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On November 17, 2011, this Court issued an order to show cause
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(Doc. 29) why sanctions should not be imposed for failure to comply
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with the Court’s order of September 14, 2011 (Doc. 27), requiring
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the parties to complete and file a Consent or Decline form within
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thirty (30) days.
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the parties an opportunity to file a written response to the order
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to show cause -OR- simply file the required Consent/Decline form,
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within ten (10) days or by November 27, 2011.
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//
The Court’s order of November 17, 2011, afforded
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On November 23, 2011, Wells Fargo Bank, N.A., filed a Consent
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form (Doc. 31), together with a response (Doc. 30) to the order to
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show cause.
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On November 29, 2011, Cal-Western Reconveyance Corporation
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filed a Consent form (Doc. 32), together with a declaration of non-
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monetary status (Doc. 33).
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To date, pro se plaintiff Edward Gomez has not responded to
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the Court’s orders of September 14, 2011 or November 17, 2011, and
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is therefore not diligently prosecuting this case.
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The Court possesses the discretionary authority to dismiss an
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action based on plaintiff’s failure to prosecute diligently.
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R. Civ. P. 41(b); Schwarzer, Tashima & Wagstaffe, Fed. Civ. Proc.
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Before Trial ¶ 16:431 (1997).
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sufficient to justify dismissal, even in the absence of actual
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prejudice to the defendant (Moore v. Telfon Communications Corp.,
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589 F.2d 959, 967-68 (9th Cir. 1978)) since a presumption of injury
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arises from the occurrence of unreasonable delay.
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Philadelphia Trust Co. v. Pioche Mines Consol., Inc., 587 F.2d 27,
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29 (9th Cir. 1978).
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justification for the delay and, in the absence of such showing,
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the case is properly dismissed for failure to prosecute.
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Transportation Maritima Mexicana, S.A., 662 F.2d 1275 (9th Cir.
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1980).
Fed.
Unreasonable delay by plaintiff is
Fidelity
Plaintiff then has the burden of showing
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THEREFORE, IT IS HEREBY ORDERED:
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1.
Nealey v.
That this matter is set for hearing on January 11, 2012
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at 10:00 a.m. in Courtroom No. 1 on the Eighth Floor of the Robert
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E. Coyle United States Courthouse, 2500 Tulare Street, Fresno, CA,
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93721, before the Honorable Sandra M. Snyder, United States
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Magistrate Judge, for consideration of dismissal of this action for
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lack of prosecution by plaintiff.
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2.
Pro se plaintiff Edward Gomez must personally appear at
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the hearing on January 11, 2012 at 10:00 a.m. in Courtroom No. 1 on
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the Eighth Floor of the Robert E. Coyle United States Courthouse,
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2500 Tulare Street, Fresno, CA, 93721, while defense counsel shall
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appear telephonically via a single conference call to chambers at
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(559) 499-5690.
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3.
If plaintiff has any reasons why this action should not
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be dismissed, they shall be submitted by sworn declaration of facts
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by December 28, 2011, to which plaintiff may append a supporting
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memorandum of law, to include (A) an explanation of the lack of
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activity in this case, and (B) shall list each specific step
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plaintiff plan to take to prepare this case for trial.
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4.
Defendants may file a declaration or memorandum in
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response thereto, but are not required to do so, by January 4,
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2012.
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IT IS SO ORDERED.
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Dated:
icido3
November 30, 2011
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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