Watkins v. Ditech Financial LLC, et al

Filing 11

ORDER signed by District Judge Morrison C. England, Jr. on 3/30/2018 DIRECTING Plaintiff to SHOW CAUSE why this lawsuit should not be dismissed for failure to prosecute and for failure to comply with the Court's orders. Plaintiff is DIRECTED to file a written response to this Order to Show Cause within 10 days following the date the Order is electronically filed. (York, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHANELL S. WATKINS, an individual,

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Plaintiff,
v.

ORDER TO SHOW CAUSE

DITECH FINANCIAL LLC, FKA Green
Tree Servicing LLC; FEDERAL
NATIONAL MORTGAGE
ASSOCIATION; NBS DEFAULT
SERVICES, LLC; and DOES 1 through
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Defendants.

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No. 2:17-cv-02247-MCE-EFB

Through the present lawsuit, Plaintiff Chanell S. Watkins seeks damages from

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Defendants on grounds that her loan modification applications were not properly

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considered, and that Defendants wrongfully pursued foreclosure proceedings against

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her home located in Tracy, California. Plaintiff alleges various causes of action, alleging

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claims based on California’s Homeowner Bill of Rights, Cal. Civ. Code § 2923, et seq.,

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as well as claims for unfair business practices and quiet title as well as common-law

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causes of action for breach of contract, negligence, and negligent infliction of emotional

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distress.

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On November 2, 2017, Defendants filed a Motion to Dismiss Plaintiff’s Complaint
for failure to state a claim in accordance with Federal Rule of Civil Procedure 12(b)(6).
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Plaintiff failed to file either an opposition to that motion, or a statement of non-opposition,

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in contravention of Eastern District Local Rule 230(c). Plaintiff is consequently ordered

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to show cause why this lawsuit should not be dismissed for failure to prosecute and for

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failure to comply with the Court’s orders. Plaintiff is directed to file a written response to

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this Order to Show Cause within ten (10) days following the date the Order is

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electronically filed. Failure to comply will result in dismissal of this action, with prejudice

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and without further notice to the parties.

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IT IS SO ORDERED.
Dated: March 30, 2018

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