Erazo v. Aurora Loan Services

Filing 19

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 4/20/2009 03:00 PM before the Hon. Marilyn Hall Patel; Signed by Judge Marilyn Hall Patel on 3/20/2009. (Attachments: # 1 CertServ)(awb, COURT-STAFF) (Filed on 3/20/2009)

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AKERMAN SENTERFITT LLP JUSTIN D. BALSER (CA SBN 213478) Email: [e-mail] BRIDGET M. MOSS (CA SBN 123652) email: [e-mail] MICHAEL B. WALL (CA SBN 252588) email: michael.wall@akermanhcom . 725 South Figueroa Street, 38t Floor Los Angeles, California 90017-5433 Telephone: [phone] Facsimile: [phone] AKERMAN SENTERFITT LLP JUSTIN D. BALSER (CA SBN 213478) Email: [e-mail] The Kittredge Building 511 Sixteenth Street, Suite 420 Denver, Colorado 80202 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant AURORA LOAN SERVICES LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SANDRA ERAZO, Plaintiff, v. AURORA LOAN SERVICES, and DOES 1 TO 20, inclusive, Defendants. Case No. 3:09-CV-00149 MHP (ADR) Hon. Marilyn H. Patel [PROPOSED] ORDER TO SHOW CAUSE Date: April 20, 2009 Time: 3:00 p.m. Courtroom: 15 Complaint Filed: January 13, 2009 Trial Date: None

Good cause appearing based on Plaintiff Sandra Erazo's ("Plaintiff") failure to appear at the hearing on Defendant Aurora Loan Services LLC's ("Aurora") Motion
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[PROPOSED] ORDER TO SHOW CAUSE - CASE NO. 3:09-CV-00149 MHP

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to Dismiss Plaintiff's Complaint, and also based on the fact that Aurora's Motion to Dismiss is well-taken by the Court and that Plaintiff's First Amended Complaint appears to contain many of the same deficiencies: IT IS HEREBY ORDERED that Plaintiff appear on April 20, 2009 at 3:00 p.m. in Courtroom 15 of the above-entitled Court, located at 450 Golden Gate Avenue, 18th floor, San Francisco, California to show cause why this action should not be dismissed with prejudice for lack of prosecution and based on the merits. Plaintiff must also have filed a further amended complaint by that time or the action will be dismissed with prejudice. Defendant Aurora shall not be required to answer or otherwise respond to the amended complaint until further order of this Court at the April 20, 2009 hearing. IT IS SO ORDERED. Dated: _3/______________ _ 20/2009
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[PROPOSED] ORDER TO SHOW CAUSE - CASE NO. 3:09-CV-00149 MHP

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PROOF OF SERVICE OVERNIGHT DELIVERY COURIER STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California; I am over the age of 18 years anh not a party to this action. My business address is 725 South d Figueroa Street, 38t Floor, Los Angeles, CA 90017. On March 19, 2009, I served the following document(s) described as: [PROPOSED] ORDER TO SHOW CAUSE by enclosing the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses as stated below: Pro Se

Sandra Erzao 21 Lou Ann Place Pittsburg, CA 94565 BY FEDERAL EXPRESS* BY EXPRESS MAIL (USPS)*

BY ______________________________ *

I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. (State) (Federal) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct.

Executed on March 19, 2009, at Los Angeles, California. Victoria M. Rimac Type Name * /s/ Victoria M. Rimac Signature

(BY FEDERAL EXPRESS OR EXPRESS MAIL OR OTHER OVERNIGHT COURIER, SIGNATURE MUST BE OF PERSON DEPOSITING ENVELOPE IN DROP BOX OR AT AN OFFICE OR GIVING TO AUTHORIZED COURIER/DRIVER)