Frank J. Arlasky et al v. Nationstar Mortgage LLC et al

Filing 18

MINUTES (IN CHAMBERS) ORDER HOLDING IN ABEYANCE 11 DEFENDANT'S MOTION TO DISMISS AND ORDERING PLAINTIFF TO SHOW CAUSE WITHIN SEVEN DAYS WHY THIS CASE SHOULD NOT BE DISMISSED by Judge Cormac J. Carney. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE WITHIN SEVEN DAYS why this case should not be dismissed. Defendant Barret, Daffin's motion to dismiss, (Dkt. 14), is HELD IN ABEYANCE pending resolution of this Order to Show Cause. (see document for details). (dro)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 17-00539-CJC(DFMx)

Date: June 5, 2017

Title: FRANK J. ARLASKY V. NATIONSTAR MORTGAGE, LLC, ET AL.

PRESENT:
HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE
Melissa Kunig
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

None Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

None Present

PROCEEDINGS: (IN CHAMBERS) ORDER HOLDING IN ABEYANCE
DEFENDANT’S MOTION TO DISMISS AND ORDERING PLAINTIFF TO
SHOW CAUSE WITHIN SEVEN DAYS WHY THIS CASE SHOULD NOT BE
DISMISSED
Plaintiff Frank J. Arlasky filed this case on March 1, 2017, in Orange County
Superior Court, against Defendants Nationstar Mortgage, LLC, Barret, Daffin, Frappier,
Treder & Weiss, LLP, and Specialized Loan Servicing, LLC, alleging fourteen causes of
action relating to a notice of trustee’s sale of his home that was mailed to him on
February 15, 2017. (Dkt. 1 Ex. 1.) Plaintiff took out a $993,675 mortgage loan in 2006,
and he stopped making payments on the loan in 2011. (Dkt. 11 at 1.) Defendant
Nationstar removed the action to this Court on March 24, 2017. (Dkt. 1.)
On August 4, 2015, Plaintiff filed a previous lawsuit against Defendants
Nationstar Mortgage, LLC, and Veriprise Processing Solutions, LLC. (See SACV 1501514 CJC(DFMx) Dkt. 1 Ex. 1.) Defendants in that case removed to this Court on
September 18, 2015. (Id. Dkt. 1.) As with this case, Plaintiff filed that lawsuit in
response to a notice of trustee’s sale. (See id. Dkt. 14 at 2.)
The Court dismissed Plaintiff’s prior case with prejudice following his repeated
failure to appear at hearings and upon extensive showing of dilatory tactics verging on
bad faith to run out the clock on a foreclosure sale based on the notice of trustee’s sale.
(See id. Dkt. 20 Exs. B, C (repeated failure to timely respond to emails and failure to

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. SACV 17-00539-CJC(DFMx)

Date: June 2, 2017
Page 2

appear at depositions); id. Dkt. 20 Ex. D (late filing); id. Dkt. 20 Ex. F (indicating
purpose of litigation was to delay until foreclosure time barred); id. Dkt. 19 Ex. I (failure
to produce documents in advance of deposition); id. Dkt. 29-1 ¶ 9 (Plaintiff informing
mediator of intention to not comply with Court-ordered sanction); id. Dkt. 21 (denying
Plaintiff’s motion for leave to amend for failure to attach proposed amended complaint).)
Based on the similarities of Plaintiff’s allegations in this case to his allegations in
the previous case, (compare id. Dkt. 1 Exs. 1, 4; id. Dkt. 14 with Case No. 17-00539 Dkt.
1 Ex. 1), and Plaintiff’s failure to timely file an opposition to Defendant Barret, Daffin’s
motion to dismiss, (Case No. 17-00539 Dkt. 17), the Court is concerned that Plaintiff has
filed this second action to cause unnecessary delay and to reprise the dilatory tactics
employed in the first action to preclude foreclosure, see Fed. R. Civ. P. 11(b)(1).
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE WITHIN SEVEN DAYS why
this case should not be dismissed.
Defendant Barret, Daffin’s motion to dismiss, (Dkt. 14), is HELD IN
ABEYANCE pending resolution of this Order to Show Cause.

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MINUTES FORM 11
CIVIL-GEN

Initials of Deputy Clerk MKU