Carino, et al., v. Standard Pacific Corp, et al.,

Filing 61

ORDER signed by District Judge Kimberly J. Mueller on 6/20/17, ORDERING that in light of Homecoming's 60 notice, Plaintiffs are to Show Cause why:(1) the stay in this case as to Homecomings should not be lifted; (2) why the court should not issue sanctions, including monetary sanctions for $250 as well as dismissal, for plaintiffs failure to follow this court's order requiring a joint status report and plaintiffs' failure to prosecute their case. Plaintiffs shall file their response to this order within 14 days. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENA CRISOTOMO CARINO; ALLAN
CRISTOPHER DIWA,
Plaintiffs,

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No. 2:09-cv-02005-KJM-AC

ORDER

v.
STANDARD PACIFIC CORP;
STANDARD PACIFIC MORTGAGE,
INC. fka FAMILY HOME LENDING,
INC.; CHASE HOME FINANCE LLC;
HOMECOMINGS FINANCIAL
SERVICES LLC; MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC., HSBC BANK USA, as
Trustee of J.P.Morgan Alternative Loan
Trust 2007-A-1 Mortgage Pass Through
Certificates without recourse; all persons
currently unknown claiming any legal or
equitable right, title, estate, lien or interest
in the property described in this complaint
as the Trust Property adverse to that
claimed by Plaintiffs, and DOES ONE
through ONE HUNDRED, inclusive,
Defendants.
In June 2014, the court dismissed all remaining defendants in this case except
Homecomings Services, LLC (“Homecomings”), which at the time was subject to an automatic

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bankruptcy stay. ECF Nos. 24, 57–59. The court required the parties to file a joint status report

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after resolution of Homecoming’s bankruptcy. ECF No. 59.

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Pursuant the court’s order, Homecomings filed a notice in February 2016 of the

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bankruptcy court’s order requiring plaintiffs to “take all appropriate actions to dismiss their

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monetary claims against [Homecomings] with prejudice.” Notice at 2, ECF No. 60; id. Ex. A

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(Bankruptcy Order). The bankruptcy court required plaintiffs to act within fourteen days of that

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order filed on February 11, 2016. Bankruptcy Order at 2.

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In light of Homecoming’s notice, the court orders Plaintiffs to Show Cause why:
(1) the stay in this case as to Homecomings should not be lifted; (2) why the court should not

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issue sanctions, including monetary sanctions for $250 as well as dismissal, for plaintiffs’ failure

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to follow this court’s order requiring a joint status report and plaintiffs’ failure to prosecute their

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case. Plaintiffs shall file their response to this order within fourteen (14) days.

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IT IS SO ORDERED.
DATED: June 20, 2017

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UNITED STATES DISTRICT JUDGE

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