Candace Walker v. Deutsche Bank National Trust Company et al

Filing 27

ORDER TO SHOW CAUSE RE: DISMISSAL OF ACTION FOR FAILURE TO PROSECUTE AND FAILURE TO FOLLOW THE COURTS ORDER by Judge Beverly Reid O'Connell. Plaintiff isfor the third timeORDERED TO SHOW CAUSE as to why this action should not be dismissed for failure to prosecute, and failure to obey the Courts order requiring Plaintiff to file her Second Amended Complaint by October 19, 2015. Plaintiff's response is due no later than 4:00 p.m. on Monday, November 2, 2015. IT IS SO ORDERED. (rfi)

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 15-03887-BRO (MRWx)

Title

CANDACE WALKER V. DEUTSCHE BANK NATIONAL TRUST COMPANY ET
AL

Date

October 29, 2015

Present: The Honorable

BEVERLY REID O’CONNELL, United States District Judge

Renee A. Fisher

Not Present

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS)

ORDER TO SHOW CAUSE RE: DISMISSAL
OF ACTION FOR FAILURE TO PROSECUTE
AND FAILURE TO FOLLOW THE COURT’S ORDER
On April 22, 2015, Plaintiff Candace Walker filed this lawsuit in the Los Angeles
Superior Court, which Defendant Deutsche Bank National Trust Company removed on
May 22, 2015. (Dkt. No. 1.) On June 26, 2015, Defendant moved to dismiss Plaintiff’s
original Complaint. (Dkt. No. 12). On July 21, 2015, after the Court ordered Plaintiff to
show cause as to why she failed to oppose Defendant’s Motion to Dismiss, (see Dkt. No.
13), Plaintiff filed a first amended complaint, (Dkt. No. 14). Defendant subsequently
moved to dismiss Plaintiff’s First Amended Complaint on August 4, 2015. (Dkt. No. 17.)
On October 5, 2015, after the Court once again ordered Plaintiff to show cause as to why
she failed to oppose Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint,
(see Dkt. No. 19), the Court granted Defendant’s Motion. (Dkt. No. 26.) The Court
dismissed Plaintiff’s first through sixth causes of action and her request for declaratory
relief with prejudice. (Dkt. No. 26 at 20.) The Court granted Defendant’s Motion to
Dismiss Plaintiff’s seventh and eighth causes of action with leave to amend, but ordered
“Plaintiff to file her second amended complaint by Monday, October 19, 2015 at 4:00
p.m.” (Dkt. No. 26 at 20 (emphasis in original).)
One week has passed since the appointed deadline for filing a second amended
complaint; Plaintiff has not filed an amended complaint or any other document with the
Court. The Court once more notes that Plaintiff previously failed to timely file: (1) an
opposition to Defendant’s Motion to Dismiss, (see Dkt. No. 13); and, (2) an opposition to
Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint, (see Dkt. No. 19).
CV-90 (06/04)

CIVIL MINUTES – GENERAL

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LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 15-03887-BRO (MRWx)

Title

CANDACE WALKER V. DEUTSCHE BANK NATIONAL TRUST COMPANY ET
AL

Date

October 29, 2015

Accordingly, Plaintiff is—for the third time—ORDERED TO SHOW CAUSE as
to why this action should not be dismissed for failure to prosecute, and failure to obey the
Court’s order requiring Plaintiff to file her Second Amended Complaint by October 19,
2015. Plaintiff’s response is due no later than 4:00 p.m. on Monday, November 2,
2015.
IT IS SO ORDERED.
:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES – GENERAL

rf

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