Dehaven et al v. Chase Home Finance, LLC et al

Filing 8

ORDER to SHOW CAUSE signed by Judge William B. Shubb on 5/3/11: Within ten days of the date of this Order, plaintiffs shall file a brief to show cause why this action should not be dismissed for failure to prosecute. Status Conference continued to 6/13/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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BRADLEY DEHAVEN, individually
and on behalf of the General
Public of the State of
California, LISA DEHAVEN,
individually and on behalf of
the General Public of the
State of California

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ORDER TO SHOW CAUSE

Plaintiffs,

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NO. CIV. 2:10-3039 WBS DAD

v.
CHASE HOME FINANCE, LLC, a
Limited Liability Company,
THEBANK OF NEW YORK MELLON
TRUST COMPANY, N.A. F/K/A THE
BANK OF NEW YORK TRUST
COMPANY, N.A., a business
entity of unknown type, J.P.
MORGAN CHASE BANK, a
corporation and DOES 1 to 50
Defendants.
/

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----oo0oo----

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Plaintiffs Bradley and Lisa Dehaven brought this action

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on November 10, 2010, arising from defendants’ allegedly wrongful

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foreclosure on plaintiffs’ home.

Defendants have not yet
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appeared in this action.

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A Status (Pretrial Scheduling) Conference was scheduled

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for April 18, 2011, and the parties were required to submit a

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Joint Status Report by April 4, 2011.

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status report.

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plaintiffs’ counsel multiple times, and counsel stated on April

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14, 2011, that he would “take care” of the matter.

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continued the Status (Pretrial Scheduling) Conference to May 2,

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2011, to give plaintiffs an opportunity to file a status report.

Plaintiffs never filed a

The court’s courtroom deputy attempted to contact

The court

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Plaintiffs did not file a status report, nor did counsel for

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plaintiff appear at the hearing.

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A plaintiff’s failure to prosecute or to comply with a

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court order constitutes grounds for dismissal of the action.

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Fed. R. Civ. P. 41(b).

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its docket, nor should it set discovery deadlines and a trial

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date, when plaintiffs have no interest in prosecuting the action.

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Accordingly, plaintiffs are ordered to show cause why the action

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should not be dismissed for failure to prosecute.

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The court does not wish to keep a case on

IT IS THEREFORE ORDERED that within ten days of the

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date of this Order, plaintiffs shall file a brief to show cause

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why this action should not be dismissed for failure to prosecute.

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In addition, plaintiffs shall file a status report as required by

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the court’s Status (Pretrial Scheduling) Conference Order (Docket

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No. 5).

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to June 13, 2011, at 2:00 p.m. in Courtroom No. 5.

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are firmly cautioned that failure to comply with this Order will

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///

The Status (Pretrial Scheduling) Conference is continued

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Plaintiffs

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result in dismissal of the action with prejudice.

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DATED:

May 3, 2011

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