Brambila v. BAC Home Loan Servicing, LP et al

Filing 18

ORDER RE: 6 , 13 ADOPTING REPORT AND RECOMMENDATION REGARDING DISMISSAL OF ACTION FOR FAILURE TO PROSECUTE. Signed by Judge Richard Seeborg on 11/22/10. (Attachments: # 1 Appendix Judgment) (rslc3, COURT STAFF) (Filed on 11/22/2010)

Brambila v. BAC Home Loan Servicing, LP et al

Doc. 18

1 2 3 4 5 6 7 8 9 10 PEDRO BRAMBILA, Plaintiff, v. BAC HOME LOANS SERVICING, et al., Defendants. ___________________________________/

*E-Filed 11/22/2010*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

No. C 10-03038 RS ORDER ADOPTING REPORT AND RECOMMENDATION REGARDING DISMISSAL OF ACTION FOR FAILURE TO PROSECUTE

United States District Court

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

For the Northern District of California

Pro se plaintiff Pedro Brambila filed suit in Contra Costa Superior Court alleging multiple claims related to the foreclosure of his home. Defendants BAC Home Loans Servicing and Recontrust Company, N.A. removed the case to federal court, filed a motion to dismiss, and noticed the hearing for September 23, 2010. Plaintiff failed to file any opposition or statement of nonopposition to defendants' motion by September 2, 2010, as required by Civil Local Rule 7-3. Furthermore, Judge James ordered the parties to file consent or declination to her jurisdiction by September 2, 2010 and plaintiff has not responded to this order. On September 9, 2010, Judge James vacated the hearing date on the motion to dismiss and issued an order to show cause why the case should not be dismissed for failure to prosecute and to comply with court deadlines. Plaintiff was ordered to file a declaration by September 30, 2010 and a hearing on the order to show cause was set for October 7, 2010. Plaintiff failed to file a declaration and did not appear at the hearing. Thereupon, Judge James issued a Report and Recommendation that the case be dismissed for
NO. C 10-03038 RS ORDER ADOPTING REPORT AND RECOMMENDATION
Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10

failure to prosecute and failure to comply with court orders and court deadlines. No party filed an objection to her recommendation within the fourteen days provided by Federal Rule of Civil Procedure 72. As plaintiff has not filed his consent to magistrate jurisdiction, the case was reassigned to the undersigned on October 12, 2010. Having reviewed the Report and Recommendation of Judge James, the Court adopts it in full and dismisses the case.

IT IS SO ORDERED.

Dated: 11/22/2010 RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

United States District Court

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
NO. C 10-03038 RS ORDER ADOPTING REPORT AND RECOMMENDATION

For the Northern District of California

2

1 2 3 4 5 6 7 8 9 10

THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO:

Pedro Brambila 2080 Roper Circle Brentwood, CA 94513

DATED: 11/22/2010 /s/ Chambers Staff Chambers of Judge Richard Seeborg

United States District Court

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
NO. C 10-03038 RS ORDER ADOPTING REPORT AND RECOMMENDATION

For the Northern District of California

3