Leon et al v. CitiMortgage, Inc. et al
Filing
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ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE (Illston, Susan) (Filed on 8/10/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DANNY LEON and CRISTINA LEON,
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Plaintiffs,
United States District Court
For the Northern District of California
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No. C 12-2824 SI
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE
v.
CITIMORTGAGE, INC, CR TITLE
SERVICES, and DOES 1 through 10,
Defendants.
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/
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On May 4, 2012, plaintiffs filed this foreclosure-related action against defendants Citimortgage,
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Inc. and CR Title Services in Alameda Superior Court. On June 1, 2012, defendants removed the case
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to this Court. On June 8, 2012, defendants filed a motion to dismiss plaintiffs’ complaint for failure to
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state a claim. On June 18, 2012, the Court referred this case to the Alternative Dispute Resolution
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(ADR) Unit for a telephone conference to assess this case’s suitability for mediation or a settlement
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conference. The Court vacated the defendant’s motion to dismiss while the case was discussed in ADR.
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On August 6, 2012, defendant Citimortgage filed an Ex Parte Applicaiton for Order Dismissing
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Action For Failure to Prosecute. Defendant informs the Court that plaintiffs did not appear at the ADR
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telephone conference. Defendant further informs the Court that plaintiff’s counsel has been suspended
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from the practice of law since June 21, 2012. See Def.’s Ex Parte Application, Ex. 1. Plaintiffs have
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not filed any opposition to defendant’s application or motion to dismiss, or contacted this Court in any
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other way.
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Accordingly, plaintiffs are ORDERED TO SHOW CAUSE in writing by August 17, 2012,
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why this case should not be dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b). Failure to
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comply with this deadlines will result in the dismissal of plaintiff’s complaint without prejudice.
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IT IS SO ORDERED.
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Dated: August 10, 2012
SUSAN ILLSTON
United States District Judge
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United States District Court
For the Northern District of California
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