Sanchez v. Bank of America et al

Filing 36

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 4/9/2010 10:00 AM. Show Cause Response due by 3/26/2010.. Signed by Judge Samuel Conti on 3/17/2010. (sclc2, COURT STAFF) (Filed on 3/17/2010)

1 2 3 4 5 6 7 8 9 10
For the Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ANTONIO P. SANCHEZ,

United States District Court

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

) ) Plaintiff, ) ) v. ) ) BANK OF AMERICA F/K/A COUNTRYWIDE ) HOME LOANS; NATIONS FIRST LENDING, ) INC.; ALCA CORPORATION D/B/A HOME ) FUNDERS FINANCIAL; ROMEO FELISCO ) ALVIDERA; GI HUANG LI; and DOES 1- ) 20 inclusive, ) ) ) Defendants. )

Case No. 09-5574 SC ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED

This case was filed on November 24, 2009.

See Docket No. 1.

On January 21, 2010, Defendant Countrywide Home Loans, Inc. filed a motion to dismiss. Docket No. 16. On February 4, 2010, Docket No. 20.

Defendant Gi Huang Li filed a motion to dismiss.

On the same date, Defendants Alca Corporation d/b/a Home Funders Financial, and Romeo Felisco Alvidera, filed a motion to strike, Docket No. 22, a motion for more definite statement, Docket No. 23, and a motion to dismiss, Docket No. 24. Plaintiff has not responded to these motions. Instead, on

February 25, 2010, Plaintiff filed an untimely Statement of NonOpposition, stating that Plaintiff does not oppose dismissal of Plaintiff's two federal causes of action. Docket No. 30. On

February 26, 2010, Plaintiff filed an Amended Complaint, in

1 2 3 4 5 6 7 8 9 10
For the Northern District of California

violation of Federal Rule of Civil Procedure 15(a)(1)(B), which requires amending pleadings to be filed within twenty-one days of service of a Rule 12(b) motion. Plaintiff's counsel, Sharon See

Lapin, has pursued a similar tactic in other federal actions.

Esbeidy Saucedo v. First Franklin Loan Servs., No. 09-5573 (N.D. Cal.); Alfredo Mejia v. Countrywide Home Loans, No. 09-2346; (E.D. Cal.), Phillip Crump v. Franklin Credit Mgmt., No. 09-2378 (E.D. Cal.); Frank Williams v. Bank of America; No. 09-3060 (E.D. Cal.). It appears to the Court that Plaintiff's counsel is seeking to delay resolution of this case on the merits. The Court ORDERS Plaintiff's counsel to show cause in writing no later than March 26, 2010, why this case should not be dismissed for failure to comply with the Court's local rules and the federal rules. The show-cause hearing is scheduled for April

United States District Court

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

9, 2010, at 10:00 a.m. in Courtroom 1, on the 17th floor, U.S. Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102. The

hearing on the pending motions scheduled for March 19, 2010, is VACATED.

IT IS SO ORDERED.

Dated: March 17, 2010 UNITED STATES DISTRICT JUDGE

2