Guzman et al v. Old Republic Default Management Services et al

Filing 16

ORDER to show cause. Signed by Judge Thelton E. Henderson on March 13, 2009. tehlc4, COURT STAFF) (Filed on 3/13/2009)

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1 2 3 4 5 6 7 8 9 10 ALEJANDRO GUZMAN and MARIA AGUILAR, Plaintiffs, v. OLD REPUBLIC DEFAULT MANAGEMENT SERVICES et al., Defendants. NO. C 09-215 TEH ORDER TO SHOW CAUSE FOR THE NORTHERN DISTRICT OF CALIFORNIA IN THE UNITED STATES DISTRICT COURT United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court is in receipt of Defendant's Motion to Dismiss and Reply brief in support of that motion, which is scheduled for hearing on April 13, 2009, at 10:00 A.M. Plaintiffs failed to file an opposition to the motion or a statement of nonopposition by March 2, 2009, as required by Civil Local Rules 7-3(a) and (b). Upon the clerk's effort to contact Plaintiffs' counsel, the Court learned that the Los Angeles County Superior Court has assumed jurisdiction over the law offices of Mitchell Roth and that the State Bar of California has taken control of his case files. The Court further learned that in a number of other cases in which Mitchell Roth serves as counsel to similarly situated plaintiffs, Plaintiffs have likewise failed to oppose motions to dismiss or to file a statement of nonopposition. Accordingly, on April 13, 2009, at 10:00 A.M., Plaintiffs Alejandro Guzman and Maria Aguilar are ordered to either appear pro se on their own behalf, or to have a new lawyer file a notice of appearance and show cause why the case should not be dismissed for 1 failure to oppose the motion. Failure to appear at this hearing, or to send counsel, shall result 2 in the dismissal of the case. Any written response to this order shall be filed no later than 3 April 1, 2009. Plaintiffs' existing attorney in this matter, if any remains, and Defendant's 4 attorney shall serve a copy of this order and the pending motion on Mr. Guzman and Ms. 5 Aguilar within three days of this order. Service by first class mail shall be sufficient. 6 7 IT IS SO ORDERED. 8 9 Dated: March 13, 2009 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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