Clear Recon Corp. v. All Claimants to Surplus Funds

Filing 24

ORDER DISCHARGE ORDER TO SHOW CAUSE, signed by Magistrate Judge Jennifer L. Thurston on 7/20/2017. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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ALL CLAIMANTS TO SURPLUS
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FUNDSAFTER A TRUSTEE’S SALE OF
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THE REAL PROPERTY LOCATED AT
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9903 CHEYENNE DRIVE, BAKERSFIELD,
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CA 93312,
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Defendants.
)

Case No.: 1:16-cv-01837 DAD JLT

CLEAR RECON CORP,

ORDER DISCHARGE ORDER TO SHOW CAUSE

On March 3, 2017, the Court set a settlement conference for July 14, 2017 and ordered the

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parties to lodge settlement conference statements at least five days before the conference. (Doc. 13 at

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6) Claimant/defendant Rachael Rodriguez failed to do so. The Court ordered her to show cause why

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sanctions should not be imposed. (Doc. 22) Counsel for Ms. Rodriguez responded and indicated that,

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due to discovered information, he believed that Ms. Rodriguez may not have a valid claim on the

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proceeds and sought permission from her to withdraw the claim. (Doc. 23 at 2) However, Ms.

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Rodriguez has not kept in contact with her attorney and he was unable to secure this permission. Id.

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Thus, the Court ORDERS:

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1.

The order to show cause is DISCHARGED;

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2.

No later than July 28, 2017, Ms. Rodriguez SHALL notify the Court either that she

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wishes to withdraw her claim or she wishes to pursue the claim;
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3.

If Mr. Gohari has not received expressed authorization to withdraw the claim or to

pursue it, no later than July 28, 2017, he SHALL file his motion to be relieved as counsel of record;

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IT IS SO ORDERED.
Dated:

July 20, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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