Kumar et al v. New Century Mortgage Corporation et al

Filing 5

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 1/13/2012 ORDERING The parties shall show cause, in writing, within 14 days from the date of this order, why a joint status report has not been filed, or they shall file their joint status report. In the alternative, if a responsive pleading is required and has not been filed, it shall be filed and served within 14 days of this order. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ASHWINI L. KUMAR, et al.,

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Plaintiffs,

No. CIV S-11-0338 GEB GGH PS

vs.
NEW CENTURY MORTGAGE CORP., et al.,

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Defendants.

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ORDER TO SHOW CAUSE
/

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This action was referred to the undersigned pursuant to Local Rule 302(c)(21).

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Defendant ReconTrust Company, N.A. (“ReconTrust”) removed this action from state court on

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February 4, 2011. Nothing has been filed in the case since that time. As best as can be

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determined from the exhibits to the notice of removal, plaintiffs were directed to file and serve an

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amended complaint by the state court on December 10, 2010. Defendants were to thereafter file

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a responsive pleading. (Notice of Removal, Ex. B, Part 2, at 68-69.) According to defendant, an

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amended complaint was filed on January 4, 2011.1 (Notice of Removal, ¶ 2.) The record does

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not indicate that defendants complied with this order by filing a responsive pleading.2 The last

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The exhibit referred to by defendant is entitled “complaint,” not “amended complaint.”

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Defendant ReconTrust filed a declaration of non-monetary status in state court. (Notice
of Removal, Ex. B, Part 2, at 79-80.) Defendant is informed that there is no such concept in the
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entry in the state court record was the setting of a case management conference for March 17,

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2011. After removal to this court on February 4, 2011, an “Order Requiring Timely Service and

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Joint Status Report” was issued on February 7, 2011. The parties were directed to “confer in

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person, if at all possible, pertaining to the automatic disclosures required by Fed. R. Civ. P. 26, as

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amended effective December 1, 2000, within 30 days after the answer by any defendant.

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Thereafter, within 14 days, the parties shall submit to the court a joint status report.” There has

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been no action by the parties since the removal. A joint status report has not been received, and a

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responsive pleading does not appear to have been filed.

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Accordingly, IT IS HEREBY ORDERED that:

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The parties shall show cause, in writing, within fourteen days from the date of this

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order, why a joint status report has not been filed, or they shall file their joint status report. In the

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alternative, if a responsive pleading is required and has not been filed, it shall be filed and served

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within fourteen days of this order.

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DATED: January 13, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Kumar0338.osc.wpd

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federal courts.
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