Lane v. Wells Fargo Bank, N.A. et al

Filing 14

ORDER to SHOW CAUSE signed by Magistrate Judge Deborah Barnes on 3/30/2018. Within 14 days, Plaintiff shall show cause in writing as to why this case should not be dismissed. (Fabillaran, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN LANE,

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Plaintiff,

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No. 2:18-cv-0310 KJM DB PS

v.

ORDER TO SHOW CAUSE

WELLS FARGO BANK, N.A.; FEDERAL
HOME LOAN MORTGAGE
CORPORATION,

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Defendants.

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Plaintiff Kevin Lane is proceeding in this action pro se. This matter was referred to the

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undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). On March 30,

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2018, the matter came before the undersigned for hearing of defendants’ motion to dismiss.

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Attorney Dennis La appeared on behalf of the defendants. No appearance was made by, or on

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behalf of, plaintiff Kevin Lane.1
Pursuant to Local Rule 230(i), the failure to appear at the hearing of a motion “may be

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deemed withdrawal of . . . opposition to the motion, in the discretion of the Court, or may result

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in the imposition of sanctions.” Moreover, the failure of a party to comply with the Local Rules

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

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At the conclusion of the hearing, defendants’ motion was taken under submission.
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authorized by statute or Rule or within the inherent power of the Court.” Local Rule 110. Any

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

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

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

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under the Local Rules. Id.
In light of plaintiff’s pro se status, and in the interests of justice, the court will provide

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plaintiff with an opportunity to show good cause for plaintiff’s conduct.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff show cause in writing within fourteen days of the date of this order as to why

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this case should not be dismissed for plaintiff’s failure to appear, lack of prosecution, and failure

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to comply with the Local Rules2; and

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2. Plaintiff is cautioned that the failure to timely comply with this order may result in a

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recommendation that this case be dismissed.

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Dated: March 30, 2018

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DLB:6
DB/orders/orders.pro se/lane0310.osc

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Alternatively, if plaintiff no longer wishes to pursue this civil action, plaintiff may comply with
this order by filing a request for voluntary dismissal pursuant to Rule 41(a) of the Federal Rules
of Civil Procedure.
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