Brantley et al v. Boyd et al

Filing 249

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 9/23/2011 10:00 AM.. Signed by Judge Samuel Conti on 9/13/2011. (sclc2, COURT STAFF) (Filed on 9/13/2011)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 LARRY TYRONE BRANTLEY, SR.; and ELLEN BRANTLEY, Plaintiffs, 8 v. 9 United States District Court For the Northern District of California 10 11 GARRETT BOYD; MODO REALTY, INC.; ROYAL CROWN MORTGAGE, INC.; SERGEI KLYAZMIN; and ACADEMY ESCROW, 12 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 07-6139 SC ORDER CONTINUING HEARING ON MOTION TO WITHDRAW; ORDER TO SHOW CAUSE 13 14 Before the Court is a Motion to Withdraw filed by Plaintiffs' 15 counsel, Dorothy Guillory ("Guillory"). 16 support of her Motion, Guillory submitted a brief and an affidavit 17 explaining that a conflict of interest and irreconcilable 18 differences have arisen that preclude her from continuing to 19 represent Plaintiffs Larry Brantley and Ellen Brantley 20 ("Plaintiffs"). 21 Decl."). 22 informing them in bold type that the Court would hold a hearing on 23 the Motion on September 9, 2011, and that "[t]he Court requires 24 your presence at this hearing." 25 ECF No. 234 ("Mot."). In ECF Nos. 235 ("M. of P. & A."), 236 ("Guillory Guillory also sent Plaintiffs a letter via certified mail ECF No. 237. On September 9, 2011, the Court held a hearing on the Motion. 26 Plaintiffs failed to attend. 27 certified mail receipt signed by Plaintiffs demonstrating that they 28 received her letter. Guillory presented the Court with a Guillory stated that she had spoken with 1 Plaintiffs by telephone the morning of the hearing to remind them 2 to appear, but that Plaintiffs denied any knowledge of the hearing 3 and declared that they would not attend. 4 absence, the Court continued the hearing on the Motion until 5 September 23, 2011. 6 Due to Plaintiffs' The Court now requires Plaintiffs to show cause why their case 7 should not be dismissed for failure to prosecute. 8 hereby ORDERED to appear personally before the Court on September 9 23, 2011 at 10:00 a.m. in Courtroom 1, on the 17th floor, U.S. United States District Court For the Northern District of California 10 11 Plaintiffs are Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102. Guillory shall send, by certified mail, a copy of this Order 12 to Plaintiffs within forty-eight (48) hours of this Order and shall 13 file a Proof of Service no later than five (5) days from the date 14 of this Order. 15 16 If Plaintiffs do not appear before the Court on September 23, 2011 at 10:00 a.m., the Court will dismiss their case. 17 18 IT IS SO ORDERED. 19 20 21 Dated: September 13, 2011 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 2

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