Camillo et al v. Wausau Mortgage Corporation et al
Filing
26
ORDER TO SHOW CAUSE AND VACATING HEARINGS ON MOTIONS TO DISMISS. Signed by Judge Jeffrey S. White on 8/6/12. (jjoS, COURT STAFF) (Filed on 8/6/2012)
<![CDATA[
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
FRANKLIN S. CAMILLO, et al.,
No. C 12-03132 JSW
11
For the Northern District of California
United States District Court
10
12
Plaintiffs,
ORDER TO SHOW CAUSE AND
VACATING HEARINGS ON
MOTIONS TO DISMISS
v.
WAUSAU MORTGAGE CORPORATION, et
al.,
13
Defendants.
14
/
15
16
On July 11, 2012, Defendants Mortgage Electronic Registration Systems, Inc., U.S.
17
Bank, N.A., Capital One, N.A., CCB LIBOR Series 2005-2 Trust, Chevy Chase Funding LLC
18
Mortgage Back Certificates, Series 2005-2, Jeffrey R. Huston, and Joseph P. Eger filed a
19
motion to dismiss, which is noticed for a hearing before this Court on September 14, 2012.
20
Defendants served that motion on Plaintiffs, who are proceeding pro se, by mail on July 11,
21
2012. Pursuant to Northern District Civil Local Rules (“Local Rules”) 7-3(a) and 5-5(a),
22
Plaintiffs’ opposition brief was due on July 30, 2012. The Court has not received an opposition
23
brief from Plaintiffs.
24
On July 16, 2012, Defendant T.D. Service Company filed a motion to dismiss, which
25
also is noticed for a hearing on September 14, 2012, and it served a copy of the motion on
26
Plaintiffs by mail on that same date. Pursuant to Local Rules 7-3(a) and 5-5(a), Plaintiffs’
27
opposition brief to this motion was due on August 2, 2012. The Court has not received an
28
opposition brief from Plaintiffs.
1
Accordingly, Plaintiffs are HEREBY ORDERED to show cause why this case should
2
not be dismissed for failure to prosecute. Plaintiffs’ response to the Order to Show Cause must
3
be filed and served on all Defendants by no later than August 17, 2012.
4
If Plaintiffs seek to file belated opposition briefs to the pending motions, they must
5
submit a request demonstrating good cause for their failure to file timely opposition briefs and
6
must include proposed opposition briefs with that request. Any request for leave to file belated
7
opposition briefs also must be filed and served on Defendants by August 17, 2012.
8
9
If the Court grants Plaintiffs’ leave to late file opposition briefs, it shall issue a further
order setting a deadline by which Defendants may file their replies. The Court VACATES the
hearing dates scheduled for September 14, 2012, which shall be reset if the Court finds a
11
For the Northern District of California
United States District Court
10
hearing is necessary.
12
If Plaintiffs fail to respond to this Order to Show Cause by August 17, 2012, or if
13
they fail to file a request for leave to file untimely opposition briefs with proposed briefs
14
by August 17, 2012, the Court SHALL dismiss this case for failure to prosecute without
15
further notice to Plaintiffs.
16
The Court also hereby advises Plaintiffs that Handbook for Pro Se Litigants, which is
17
available through the Court’s website or in the Clerk’s office, contains helpful information
18
about proceeding without an attorney. The Court also advises Plaintiffs that they also may wish
19
to seek assistance from the Legal Help Center. Plaintiffs may call the Legal Help Center at
20
415-782-9000, extension 8657, or sign up on the 15th Floor of the Courthouse, Room 2796, for
21
a free appointment with an attorney who may be able to provide basic legal help, but not legal
22
representation.
23
IT IS SO ORDERED.
24
25
Dated: August 6, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE
26
27
28
2
1
2
UNITED STATES DISTRICT COURT
3
FOR THE
4
NORTHERN DISTRICT OF CALIFORNIA
5
6
7
FRANKLIN S. CAMILLO, ET AL. et al,
Plaintiff,
8
9
CERTIFICATE OF SERVICE
v.
WAUSAU MORTGAGE CORPORATION,
ET AL. et al,
11
Defendant.
For the Northern District of California
United States District Court
10
Case Number: CV12-03132 JSW
12
13
14
15
16
/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on August 6, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
17
18
19
20
Celina Salazar Camillo
Franklin A Camillo
510 Vista Spring Court
Milpitas, CA 95035
21
22
23
24
25
26
27
28
Dated: August 6, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
