Delgado et al v. National City Mortgage et al

Filing 21

ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Garland E. Burrell, Jr on 1/19/12 ORDERING plaintiffs to file either whatever documents are required to prosecute this case as a default matter or show cause in a filing why def endant Green Tree Servicing, LLC, should not be dismissed for failure ot prosecution. Status Conference CONTINUED to 4/23/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Plaintiffs have not justified Doe defendants remaining in this action, Does 1-100 are DISMISSED. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE CRUZBERTO DELGADO and MARIA
DE LA LUZ DELGADO,

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Plaintiffs,

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v.
NATIONAL CITY MORTGAGE, NATIONAL
CITY BANK, PNC BANK, N.A., and
GREEN TREE SERVICING, LLC,
Defendants.*
________________________________

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2:11-cv-01258-GEB-CKD
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE

Plaintiffs state in the Joint Status Report filed on January
12, 2012, that “all defendants have been served, including Green Tree
Servicing.” (ECF No. 20, 2:3.) However, review of the docket for this
action reveals that Defendant Green Tree Servicing, LLC, has not yet
appeared, and Plaintiffs do not address in their Status Report what
steps they are taking to prosecute this action against this defendant.

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Plaintiffs shall take the steps necessary to prosecute this
action as a default matter as to Defendant Green Tree Servicing, LLC. No
later than February 27, 2012, Plaintiffs shall either file whatever
documents are required to prosecute this case as a default matter or
show cause in a filing why Defendant Green Tree Servicing, LLC, should
not be dismissed for failure of prosecution.

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*

The caption has been amended according to the dismissal of Doe
defendants portion of this Order.
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Further,

the

status

conference

scheduled

for

hearing

on

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January 30, 2012, is continued to commence at 9:00 a.m. on April 23,

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2012. A joint status report shall be filed fourteen (14) days prior to

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the status conference in which Plaintiffs are required to explain the

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status of the default proceedings.

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Also, since Plaintiffs have not justified Doe defendants

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remaining in this action, Does 1-100 are dismissed. See Order Setting

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Status (Pretrial Scheduling) Conference filed May 11, 2011, at 2 n.2

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(indicating that if justification for “Doe” defendant allegations not

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provided Doe defendants would be dismissed).

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IT IS SO ORDERED.
Dated:

January 19, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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