Julio Gonzalez-Reyes et al v. U.S. Bank National Association et al

Filing 7

(IN CHAMBERS) ORDER TO SHOW CAUSE RE: DISMISSAL by Judge Fernando M. Olguin. Response to Order to Show Cause due by 2/7/2014. (vdr)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 14-0233 FMO (JEMx) Title Julio Gonzalez-Reyes, et al. v. U.S. Bank, N.A., et al. Present: The Honorable Date January 28, 2014 Fernando M. Olguin, United States District Judge Vanessa Figueroa None None Deputy Clerk Court Reporter / Recorder Tape No. Attorney Present for Plaintiff(s): Attorney Present for Defendant(s): None Present None Present Proceedings: (In Chambers) Order to Show Cause Re: Dismissal On January 10, 2014, plaintiffs filed a Complaint in this court. However, the jurisdictional allegations appear to be defective because the statute of limitations on the sole federal claim, brought pursuant to the Truth in Lending Act (“TILA”), 15 U.S.C. § 1641(g), has already expired. See 15 U.S.C. § 1640(e) (“[A]ny action under this section may be brought in any United States district court . . . within one year from the date of the occurrence of the violation[.]”). Moreover, because plaintiffs have not disclosed the date on which they discovered the alleged fraud and/or nondisclosures that form the basis of their federal claim, it is unclear whether equitable tolling is applicable. See King v. State of Cal., 784 F.2d 910, 915 (9th Cir. 1986), cert. denied, 484 U.S. 802, 108 S.Ct. 47 (1987) (“[E]quitable tolling may, in appropriate circumstances, suspend the limitations period until the borrower discovers or had reasonable opportunity to discover the fraud or nondisclosures that form the basis of the TILA action.”). Accordingly, IT IS ORDERED that: 1. No later than February 7, 2014, plaintiffs shall either file: (1) a First Amended Complaint addressing the deficiencies noted above; or (2) show cause in writing why this action should not be dismissed for the reasons noted above. Failure to submit a response by the deadline set forth above may be deemed as consent to the dismissal of the action without prejudice. Defendants may submit a response in the same time period. 2. A copy of all papers filed with the court shall be delivered to the drop box outside chambers at Suite 520, Spring Street Courthouse, 312 North Spring Street, no later than 12:00 noon the following business day. All chambers copies shall comply fully with the document formatting requirements of Local Rule 11-3, including the “backing” requirements of Local Rule 11-3.5. Counsel may be subject to sanctions for failure to deliver a mandatory chambers copy in full compliance with this Order and Local Rule 11-3. 00 Initials of Preparer CV-90 (06/04) CIVIL MINUTES - GENERAL : 00 vdr Page 1 of 1

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