James Wayne Palmer, Jr et al v. Deutsche Bank National Trust Company (DBNTC) et al

Filing 37

MINUTE ORDER IN CHAMBERS ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE by Judge Virginia A. Phillips. The Court ORDERS Plaintiffs to show cause, in writing, no later than March 1, 2013, why this matter should not be dismissed for failure to prosecute as to Defendant New Start. Failure to respond in writing by that date will result in dismissal of this action.( Response to Order to Show Cause due by 3/1/2013.) (mrgo)

PRIORITY SEND
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES -- GENERAL
Case No. EDCV 12-01190 VAP (OPx)

Date: February 21, 2013

Title:

PALMER, JR., et al. -v- DEUTSCHE BANK NATIONAL TRUST
COMPANY (DBNTC), et al.
===============================================================
PRESENT:
HONORABLE VIRGINIA A. PHILLIPS, U.S. DISTRICT JUDGE
Marva Dillard
Courtroom Deputy
ATTORNEYS PRESENT FOR
PLAINTIFFS:

None Present
Court Reporter
ATTORNEYS PRESENT FOR
DEFENDANTS:

None
PROCEEDINGS:

None
ORDER TO SHOW CAUSE RE: FAILURE TO PROSECUTE
(IN CHAMBERS)

On November 15, 2012 Plaintiffs James Wayne Palmer, Jr. and Susan
Darlene Palmer (collectively, "Plaintiffs") filed a first amended complaint against
Deutsche Bank National Trust Company (“Deutsche Bank”), as Trustee for the
Registered Holders of Morgan Stanley ABS Capital I Inc. Trust 2007-NC3 Mortgage
Pass-Through Certificates, Series 2007-NC3 (“Morgan Stanley”), Mortgage
Electronic Registration Systems, Inc. (“MERS”), Ocwen Loan Servicing, LLC
(“Ocwen”), Regional Trustee Service Corporation (“Regional Trustee”), and New
Start Home Loans, Inc. ("New Start") (Doc. No. 25) ("FAC").
On January 16, 2013, the Court dismissed Plaintiffs' claims, without leave to
amend, against Deutsche Bank, Morgan Stanley, MERS, Ocwen, and Regional
Trustee.
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EDCV 12-01190 VAP (OPx)
PALMER, JR., et al. v. DEUTSCHE BANK NATIONAL TRUST COMPANY (DBNTC), et al.
MINUTE ORDER of February 21, 2013

Since then, Plaintiffs have not prosecuted their claims against the remaining
defendant, New Start. The Court ORDERS Plaintiffs to show cause, in writing, no
later than March 1, 2013, why this matter should not be dismissed for failure to
prosecute as to Defendant New Start. Failure to respond in writing by that date will
result in dismissal of this action.

IT IS SO ORDERED.

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