Strata Auction LLC v. Trammel et al

Filing 12

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 5/19/2011 10:00 AM. Show Cause Response due by 5/5/2011.. Signed by Judge Maria-Elena James on 4/18/2011. (cdnS, COURT STAFF) (Filed on 4/18/2011)

1 UNITED STATES DISTRICT COURT 2 Northern District of California 3 4 STRATA AUCTION LLC, 5 Plaintiff, No. C 11-0766 MEJ ORDER TO SHOW CAUSE v. 6 SYLVIA A. TRAMMEL, et al., ORDER VACATING CMC & MOTION TO REMAND HEARING 7 8 9 Defendants. _____________________________________/ On February 18, 2011, Defendant Sylvia Trammel removed the above-captioned case from proceed in forma pauperis. Dkt. Nos. 1, 3. On February 25, 2011, the Court ordered Trammel to 12 For the Northern District of California the California Superior Court, County of Contra Costa, at which time she also filed an application to 11 UNITED STATES DISTRICT COURT 10 consent to magistrate judge jurisdiction or request reassignment to a district judge. Dkt. No. 6. 13 Trammel failed to respond by the March 17, 2011 deadline. Accordingly, the Court issued a second 14 order to consent or decline, this time by April 14, 2011. Dkt. No. 7. The Court warned Trammel 15 that failure to comply may result in the imposition of sanctions. Trammel again failed to respond. 16 On March 24, 2011, Plaintiff Strata Auction filed a Motion to Remand, with a noticed 17 hearing date of April 28, 2011. Dkt. No. 8. Pursuant to Civil Local Rule 7, Trammel's opposition or 18 statement of non-opposition was due by April 7, 2011; however, Trammel also failed to file an 19 opposition. In fact, since removing this case, Trammel has made no appearance in this matter. 20 Accordingly, the Court hereby VACATES the April 28, 2011 hearing and ORDERS Defendant 21 Sylvia Trammel to show cause why this case should not be remanded to Contra Costa Superior 22 Court. Trammel shall file a declaration by May 5, 2011, and the Court shall conduct a hearing on 23 May 19, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, 24 California. The June 2, 2011 case management conference is VACATED. 25 26 27 28 IT IS SO ORDERED. Dated: April 18, 2011 _______________________________ Maria-Elena James Chief United States Magistrate Judge 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 2 3 4 STRATA AUCTION LLC Case Number: 11-00766 MEJ 5 Plaintiff, CERTIFICATE OF SERVICE 6 7 8 v. TRAMMEL Defendant. / 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 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 April 18, 2011, 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. Sylvia A Trammel 3536 Windmill Way Concord, CA 94518 16 17 18 Dated: April 18, 2011 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 2