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

Filing 14

ORDER TO SHOW CAUSE. Signed by Judge Alsup on April 13, 2010. (whalc2, COURT STAFF) (Filed on 4/13/2010)

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1 2 3 4 5 6 7 8 9 10 NOEL RIVERA, Plaintiff, v. WELLS FARGO BANK, N.A., AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004, ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2004 WHQ2, BARCLAYS CAPITAL REAL ESTATE d/b/a HOMEQ SERVICING CORPORATION, OLD REPUBLIC DEFAULT MANAGEMENT SERVICES, ARGENT MORTGAGE COMPANY, LLC, THE HOME LOAN GROUP, and DOES 1­100, Inclusive. Defendants. / ORDER TO SHOW CAUSE No. C 10-01050 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 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 Defendants Wells Fargo Bank, N.A., as trustee under pooling and servicing agreement dated as of November 1, 2004, asset-backed pass-through certificates series 2004 WHQ2, and Barclays Capital Real Estate d/b/a Homeq Servicing Corporation, filed a motion to dismiss plaintiff's complaint. The motion is scheduled to be heard on April 29, 2010. Pursuant to Civil Local Rule 7-3, any brief in opposition to the motion was due on April 8, 2010, but no such opposition has been received. Plaintiff is ORDERED to respond by NOON ON WEDNESDAY, APRIL 14, 2010, and show cause for its failure to respond to the motion in accordance with Civil Local Rule 7-3(a) or alternately to file a statement of nonopposition to the motion as required by Civil Local Rule 7-3(b). This order to show cause does not constitute permission to 1 2 3 4 5 6 7 8 9 10 file a late opposition. The hearing on defendant's motion to remand is VACATED. A new hearing shall be noticed by the Court if necessary. IT IS SO ORDERED. Dated: April 13, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 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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