Rabon et al v. National Default Servicing Corporation et al

Filing 15

ORDER TO SHOW CAUSE signed by Magistrate Judge Dale A. Drozd on 8/29/2014 ORDERING the plaintiffs to show cause, in writing, within fourteen days as to why this case should not be dismissed for lack of prosecution; WARNING the plaintiffs that a failure to timely file the required writing will result in a recommendation that this case be dismissed. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EUGENE RABON, REGINA RABON,

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No. 2:14-cv-1660 JAM DAD PS

Plaintiffs,
v.

ORDER

JP MORGAN CHASE BANK, N.A.,
NATIONAL DEFAULT SERVICING
CORPORATION,
Defendants.

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This matter came before the court on August 29, 2014, for hearing of defendant’s motion

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to dismiss. Attorney Ian Ross appeared telephonically for defendant JP Morgan Chase Bank,

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N.A. Despite being served with notice of the motion neither plaintiff filed a written opposition or

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a statement of non-opposition to the motion to dismiss and neither plaintiff appeared at the

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hearing of the motion, nor did anyone appear on behalf of either plaintiff.

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Pursuant to the Local Rules of Practice for the United States District Court for the Eastern

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District of California, opposition, if any, to the granting of a motion “shall be in writing and shall

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be filed and served not less than fourteen (14) days preceding the noticed (or continued) hearing

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date.” Local Rule 230(c). “No party will be entitled to be heard in opposition to a motion at oral

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arguments if opposition to the motion has not been timely filed by that party.” Id. Failure to

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appear at the hearing of a properly noticed motion may be deemed withdrawal of any written
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opposition that was timely filed, in the discretion of the court, or may result in the imposition of

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sanctions. Local Rule 230(i). Failure of a party to comply with the Local Rules or any order of

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the court “may be grounds for imposition by the Court of any and all sanctions authorized by

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statute or Rule or within the inherent power of the Court.” Local Rule 110. Any individual

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representing himself or herself without an attorney is bound by the Federal Rules of Civil

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Procedure, the Local Rules, and all applicable law. Local Rule 183(a). Failure to comply with

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applicable rules and law may be grounds for dismissal or any other sanction appropriate under the

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Local Rules. Id.
Here, plaintiffs have failed to comply with Local Rule 230. In light of plaintiffs’ pro se

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status, and in the interests of justice, the court will provide plaintiffs with an opportunity to show

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good cause for their conduct along with a final opportunity to oppose defendant’s motion.

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Accordingly, the court HEREBY ORDERS that plaintiffs show cause in writing within

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fourteen days of the date of this order as to why this case should not be dismissed for lack of

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prosecution.1 Failure to timely file the required writing will result in a recommendation that this

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case be dismissed.

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Dated: August 29, 2014

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DAD:6
Ddad1\orders.pro se\rabon1660.osc.docx

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Alternatively, if plaintiffs no longer wish to pursue this civil action they may comply with this
order by filing a notice of voluntary dismissal pursuant to Rule 41 of the Federal Rules of Civil
Procedure.
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