Gomez v. World Savings Bank FSB et al, No. 1:2010cv01463 - Document 37 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS Recommending Dismissal for Lack of Prosecution signed by Magistrate Judge Sandra M. Snyder on 1/18/2012. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 1/31/2012. (Sant Agata, S)
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Gomez v. World Savings Bank FSB et al Doc. 37 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 EDWARD GOMEZ, 11 12 13 1:10-cv-01463-LJO-SMS Plaintiff, FINDINGS AND RECOMMENDATIONS RE: DISMISSAL FOR LACK OF PROSECUTION v. WORLD SAVINGS BANK, FSB, et al., (Doc. 34) 14 Defendants. 15 / 16 17 This matter was set for hearing on January 11, 2012 at 10:00 a.m. in Courtroom No. 1 on 18 the Eighth Floor before the Honorable Sandra M. Snyder, United States Magistrate Judge, 19 pursuant to an order requiring plaintiff, Edward Gomez, to personally appear and show cause 20 why this case should not be dismissed for lack of prosecution. The matter was actually called on 21 the record in open court at 10:15 a.m. to afford plaintiff, Edward Gomez, additional time to 22 appear. However, plaintiff, Edward Gomez, did not personally appear or otherwise contact the 23 Court. Jillian A. Benbow of Pite Duncan, LLP, appeared telephonically on behalf of defendant, 24 Cal Western Reconveyance Corporation.1 25 26 1 27 28 It should be noted that Fred J. Hickman, Esq., of Anglin, Flewelling, Rasmussen, Campbell & Trytten, LLP, did not appear as his clients, defendants, W ells Fargo Bank and Zinc Financial, LLC, were dismissed (Zinc Financial on October 6, 2010 (Doc. 14), and W ells Fargo Bank, N.A., on December 29, 2010 (Doc. 24)), and are deemed “TERMINATED” on the court docket. 1 Dockets.Justia.com 1 2 FINDINGS 3 On September 14, 2011, the assignment of this action to Senior U.S. District Judge Oliver 4 W. Wanger (OWW) was withdrawn due to his impending retirement on October 1, 2011, and the 5 action remained assigned only to the previously assigned U.S. Magistrate Judge, Dennis L. Beck 6 (DLB) (Doc. 27). The parties were ordered to affirmatively indicate whether they consent to or 7 decline the jurisdiction of the Magistrate Judge pursuant to 28 U.S.C. § 636(c), by completing 8 and filing the form attached thereto with the Clerk’s Office within thirty (30) days, or by October 9 14, 2011. The parties were warned that failure to timely comply with the order would result in an 10 Order to Show Cause and may result in sanctions. 11 On September 30, 2011, U.S. Magistrate Judge Dennis L. Beck (DLB) disqualified 12 himself from all further proceedings in this action, and the case was reassigned to U.S. 13 Magistrate Judge Sandra M. Snyder (SMS) (Doc. 28). 14 On November 17, 2011, the undersigned issued an Order to Show Cause for failure to file 15 a Consent or Decline form as previously ordered. The parties were directed to file a response 16 within ten (10) days, by November 27, 2011, or, alternatively, file the required Consent/Decline 17 form (Doc. 29). 18 19 On November 23, 2011, defendant, Wells Fargo Bank, N.A., filed a response and explanation (Doc. 30), together with a consent form (Doc. 31). 20 On November 29, 2011, defendant, Cal-Western Reconveyance Corporation, filed a 21 response in the form of a declaration of non-monetary status (Doc. 33), together with a consent 22 form (Doc. 32). 23 Plaintiff, Edward Gomez, did not respond to the Court’s Order to Show Cause, has failed 24 to comply with court orders, has failed to personally appear in court as ordered, and has failed to 25 prosecute this action. 26 /// 27 // 28 / 2 1 RECOMMENDATIONS 2 Accordingly, the undersigned recommends that this entire action be dismissed for 3 plaintiff’s failure to diligently prosecute this action. 4 These Findings and Recommendations are submitted to the Honorable Lawrence J. 5 O’Neill (LJO), the United States District Judge to whom this case has been assigned for this 6 purpose (Doc. 35), pursuant to the provisions of 28 U.S.C. § 636(b)(1). On or before January 7 31, 2012, plaintiff, Edward Gomez, may file written objections with the Court via the Clerk’s 8 Office. The document should be captioned “Objections to Magistrate Judge’s Findings and 9 Recommendations.” Plaintiff, Edward Gomez, is advised that, by failing to file objections within 10 the specified time, he may waive the right to appeal the District Court’s order. Martinez v. Ylst, 11 951 F.2d 1153 (9th Cir. 1991). 12 13 14 IT IS SO ORDERED. 15 Dated: icido3 January 18, 2012 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 3
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