Vong v. Bank of America, N.A.

Filing 30

ORDER signed by Judge Lawrence K. Karlton on 6/24/13 DISMISSING CASE for failure to prosecute, pursuant to Fed. R.Civ. P. 41(b). The Clerk of the Court SHALL SEND a copy of this Order, along with a completed "Discipline Referral Form," to the State Bar of California. CASE CLOSED. (cc: State Bar of California w/Discipline Referral Form). (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KOSAL VONG, an individual,
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Plaintiff,

NO. CIV. S-12-2860 LKK/DAD

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v.
O R D E R

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BANK OF AMERICA, N.A.,
(for itself and as the
successor to COUNTRYWIDE
HOME LOANS, INC., d/b/a
America's Wholesale Lender,
Inc., and as successor to
BAC Home Loans Servicing, LP);
and DOES 1 through 100,
inclusive,

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Defendants.
/

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For the reasons that follow, this case will be dismissed for

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failure to prosecute, and this order will be forwarded to the State

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Bar of California to ensure that it is aware of the conduct of

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plaintiff’s counsel, Vicki St. John, Esq. (Cal. Bar No. 139625).
1.

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In violation of E.D. Cal. R. 230(b), plaintiff failed to

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file a timely opposition, or Statement of Non-Opposition, to

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defendant’s motion to dismiss (ECF No. 8).

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Order

To

Show

Cause

why

plaintiff’s
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The court issued an

counsel

should

not

be

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sanctioned for this conduct.

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responded by explaining that she was distracted with health issues

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involving her 81 year old widowed mother in Omaha, Nebraska, and

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health issues involving her husband.

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discharged the OSC, and continued the hearing on the motion to

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dismiss.

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2.

ECF No. 11.

Plaintiff’s counsel

ECF No. 13.

The Court

ECF No. 15.
In violation of E.D. Cal. R. 230(i), plaintiff’s counsel

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failed to appear at the May 13, 2013 continued hearing on the

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motion to dismiss, and failed to notify the court or opposing

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counsel that she would not appear.

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14, 2013, the court issued an Order To Show Cause (OSC) why counsel

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should not be sanctioned for this conduct, and submitted the

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dismissal motion on the papers.

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3.

ECF No. 23 (Minutes).

On May

ECF No. 24.

In violation of the May 14, 2013 OSC, plaintiff’s counsel

never responded to the OSC.
4.

In violation of this court’s prior order, plaintiff

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failed to file a required Status Report for the scheduled June 24,

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2013, Status Conference.

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days preceding the status conference).

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Accordingly:

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a.

See ECF No. 5 ¶ 8 (status reports due 14

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pursuant to Fed. R. Civ. P. 41(b);
b.

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This case is DISMISSED for failure to prosecute,

The Clerk of the Court shall send a copy of this

order, along with a completed “Discipline Referral Form,”1 to the

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See
(continued...)
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State Bar of California, Office of the Chief Trial Counsel, Intake,

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1149 South Hill St., Los Angeles, CA 90015-2299.

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IT IS SO ORDERED.

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DATED:

June 24, 2013.

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(...continued)

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www.calbar.ca.gov/Portals/0/documents/Regulation/2012-Discipline
ReferralForm.pdf
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