Gomez v. World Savings Bank FSB et al
Filing
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FINDINGS and RECOMMENDATIONS Recommending Dismissal for Lack of Prosecution signed by Magistrate Judge Sandra M. Snyder on 1/18/2012. Referred to Judge Lawrence J. O'Neill. Objections to F&R due by 1/31/2012. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EDWARD GOMEZ,
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1:10-cv-01463-LJO-SMS
Plaintiff,
FINDINGS AND RECOMMENDATIONS
RE: DISMISSAL FOR LACK OF
PROSECUTION
v.
WORLD SAVINGS BANK, FSB,
et al.,
(Doc. 34)
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Defendants.
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This matter was set for hearing on January 11, 2012 at 10:00 a.m. in Courtroom No. 1 on
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the Eighth Floor before the Honorable Sandra M. Snyder, United States Magistrate Judge,
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pursuant to an order requiring plaintiff, Edward Gomez, to personally appear and show cause
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why this case should not be dismissed for lack of prosecution. The matter was actually called on
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the record in open court at 10:15 a.m. to afford plaintiff, Edward Gomez, additional time to
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appear. However, plaintiff, Edward Gomez, did not personally appear or otherwise contact the
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Court. Jillian A. Benbow of Pite Duncan, LLP, appeared telephonically on behalf of defendant,
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Cal Western Reconveyance Corporation.1
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It should be noted that Fred J. Hickman, Esq., of Anglin, Flewelling, Rasmussen, Campbell & Trytten,
LLP, did not appear as his clients, defendants, W ells Fargo Bank and Zinc Financial, LLC, were dismissed (Zinc
Financial on October 6, 2010 (Doc. 14), and W ells Fargo Bank, N.A., on December 29, 2010 (Doc. 24)), and are
deemed “TERMINATED” on the court docket.
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FINDINGS
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On September 14, 2011, the assignment of this action to Senior U.S. District Judge Oliver
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W. Wanger (OWW) was withdrawn due to his impending retirement on October 1, 2011, and the
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action remained assigned only to the previously assigned U.S. Magistrate Judge, Dennis L. Beck
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(DLB) (Doc. 27). The parties were ordered to affirmatively indicate whether they consent to or
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decline the jurisdiction of the Magistrate Judge pursuant to 28 U.S.C. § 636(c), by completing
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and filing the form attached thereto with the Clerk’s Office within thirty (30) days, or by October
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14, 2011. The parties were warned that failure to timely comply with the order would result in an
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Order to Show Cause and may result in sanctions.
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On September 30, 2011, U.S. Magistrate Judge Dennis L. Beck (DLB) disqualified
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himself from all further proceedings in this action, and the case was reassigned to U.S.
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Magistrate Judge Sandra M. Snyder (SMS) (Doc. 28).
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On November 17, 2011, the undersigned issued an Order to Show Cause for failure to file
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a Consent or Decline form as previously ordered. The parties were directed to file a response
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within ten (10) days, by November 27, 2011, or, alternatively, file the required Consent/Decline
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form (Doc. 29).
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On November 23, 2011, defendant, Wells Fargo Bank, N.A., filed a response and
explanation (Doc. 30), together with a consent form (Doc. 31).
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On November 29, 2011, defendant, Cal-Western Reconveyance Corporation, filed a
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response in the form of a declaration of non-monetary status (Doc. 33), together with a consent
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form (Doc. 32).
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Plaintiff, Edward Gomez, did not respond to the Court’s Order to Show Cause, has failed
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to comply with court orders, has failed to personally appear in court as ordered, and has failed to
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prosecute this action.
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///
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//
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RECOMMENDATIONS
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Accordingly, the undersigned recommends that this entire action be dismissed for
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plaintiff’s failure to diligently prosecute this action.
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These Findings and Recommendations are submitted to the Honorable Lawrence J.
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O’Neill (LJO), the United States District Judge to whom this case has been assigned for this
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purpose (Doc. 35), pursuant to the provisions of 28 U.S.C. § 636(b)(1). On or before January
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31, 2012, plaintiff, Edward Gomez, may file written objections with the Court via the Clerk’s
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Office. The document should be captioned “Objections to Magistrate Judge’s Findings and
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Recommendations.” Plaintiff, Edward Gomez, is advised that, by failing to file objections within
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the specified time, he may waive the right to appeal the District Court’s order. Martinez v. Ylst,
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951 F.2d 1153 (9th Cir. 1991).
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IT IS SO ORDERED.
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Dated:
icido3
January 18, 2012
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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