Pernell v. Bac Home Loans Servicing, LP et al

Filing 20

ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 07/15/10 ORDERING that dfts shall show cause, in writing, by 08/06/10, why appropriate sanctions should not be imposed upon them for failure to file an answer or other response to plf's First Amended Complaint. (Benson, A.)

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(PS) Pernell v. Bac Home Loans Servicing, LP et al Doc. 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. BAC HOME LOANS SERVICING, LP fka COUNTRYWIDE HOME LOANS SERVICING LP, RECONTRUST COMPANY and DOES 1 through 10 inclusive, Defendants. / Defendants removed this action to federal court and subsequently moved to dismiss plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b). (Dkt. Nos. 1, 5.) On April 2, 2010, this court granted defendants' motion without prejudice and dismissed plaintiff's complaint with leave to file an amended complaint. (Dkt. No. 16.) Plaintiff filed a timely First Amended Complaint on April 28, 2010. (Dkt. No. 17.) Also on April 28, 2010, the court issued a summons directing defendants to file an answer to the First Amended Complaint within 21 days of service of that summons. (Dkt. No. 18.) A later-filed proof of service indicates that defendants' counsel of record were served with the First Amended Complaint and the related summons on May 13, 2010. (Dkt. No. 19.) 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MONIQUE M. PERNELL, Plaintiff, No. 2:09-cv-03561 FCD KJN PS ORDER TO SHOW CAUSE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The court's docket reveals that defendants have not filed an answer or other response to plaintiff's First Amended Complaint. Accordingly, IT IS HEREBY ORDERED that defendants shall show cause, in writing, on or before August 6, 2010, why appropriate sanctions should not be imposed upon them for failure to file an answer or other response to plaintiff's First Amended Complaint. IT IS SO ORDERED. DATED: July 15, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 2

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