Thompson v. Residential Credit Solutions et al

Filing 35

ORDER to SHOW CAUSE signed by Senior Judge William B. Shubb on 8/13/2013 ORDERING Plaintiff to show cause, in writing, by 8/27/2013, as to why Defendant American Brokers Conduit should not be dismissed for Plaintiff's failure to comply with 27 Status (Pretrial Scheduling) Order; VACATING the Status Conference set for 8/19/2013. (Michel, G)

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Thompson v. Residential Credit Solutions et al Doc. 35 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 LORNA DELORES THOMPSON, 13 NO. CIV. 2:11-2261 WBS DAD Plaintiff, ORDER TO SHOW CAUSE 14 15 v. 25 RESIDENTIAL CREDIT SOLUTIONS, INC., a Delaware Corporation; AMERICAN BROKERS CONDUIT, A DIVISION OF AMERICAN HOME MORTGAGE INVESTMENT CORPORATION, a Maryland Corporation; MERSCORP, INC. dba MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. AS NOMINEE FOR AMERICAN BROKERS CONDUIT, AMERICAN HOME MORTGAGE SERVICING, INC., and all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property, described in the complaint adverse to Plaintiff’s title, and any cloud on Plaintiff’s title thereto, and DOES 1-100, inclusive, 26 Defendants. 16 17 18 19 20 21 22 23 24 / 27 28 1 1 Plaintiff Lorna Delores Thompson brings this action 2 against defendants Residential Credit Solutions, Inc. (“RCS”), 3 American Brokers Conduit (“ABC”), a division of American Home 4 Mortgage Investment Corporation (“AHMIC”), Merscorp, Inc. 5 (“Merscorp”), dba Mortgage Electronic Registration System, Inc. 6 (“MERS”) as nominee for American Brokers Conduit, and American 7 Home Mortgage Servicing, Inc. (“AHMSI”), arising from defendants’ 8 allegedly wrongful conduct related to a residential loan. 9 Pursuant to Federal Rule of Civil Procedure 16(b), the 10 court issued a Status (Pretrial Scheduling) Order on March 15, 11 2012. 12 2012 as the deadline for plaintiff to complete service. 13 15, 2012 Order at 2.) 14 Amended Complaint with prejudice on May 5, 2012. 15 31.) 16 defendant ABC with the summons and complaint, in violation of the 17 court’s scheduling order. (Docket No. 27.) Among other deadlines, it set March 30, (March The court dismissed plaintiffs’ Third (Docket No. As of today, it appears that plaintiff has yet to serve 18 Pursuant to Rule 16(f), if a party fails to comply with 19 a scheduling order, the court may issue any just order. 20 Civ. P. 16(f)(C). 21 or before August 27, 2013 why ABC should not be dismissed for 22 plaintiff’s failure to comply with the court’s scheduling order, 23 the court will order ABC’s dismissal with prejudice. 24 25 28 If plaintiff does not show cause in writing on The status conference set for August 19, 2013 is hereby vacated. 26 27 Fed. R. IT IS SO ORDERED. DATED: August 13, 2013

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