Hornsby v. Litton Loan Servicing et al

Filing 24

ORDER TO SHOW CAUSE Show Cause Response due by 6/21/2011.. Signed by Judge Jeffrey S. White on 6/10/11. (jjoS, COURT STAFF) (Filed on 6/10/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANNETTE HORNSBY,
Plaintiff,

For the Northern District of California

United States District Court

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No. C 10-04928 JSW
SECOND ORDER TO SHOW CAUSE

v.
LITTON LOAN SERVICING, ET AL.,
Defendants.

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Defendants Litton Loan Servicing, LP and Deutsche Bank National Trust Company as

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Trustee for GSAMP Mortgage Loan Trust 2004-NC1 have filed a motion to dismiss each cause of

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action in the Complaint and noticed it to be heard on June 17, 2011. Plaintiff’s opposition brief or

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statement of non-opposition was due by May 27, 2011. Plaintiff has not filed any opposition or

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response to the motion to dismiss.

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Plaintiff Annette Hornsby is HEREBY ORDERED TO SHOW CAUSE (“OSC”) in writing,

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by June 21, 2010, why the pending motion to dismiss should not be granted in light of her failure to

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file a timely opposition or statement of non-opposition. If Plaintiff seeks to file a substantive

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response to Defendants’ motion, Plaintiff must demonstrate good cause for failing to file her

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opposition brief in a timely fashion. In her response to this OSC, Plaintiff is also directed to show

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cause why this case should not be dismissed for failure to prosecute. Plaintiff is admonished that her

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failure to respond this Order by June 21, 2011, will result in a dismissal of this action for failure to

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prosecute pursuant to Federal Rule of Civil Procedure 41(b).

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In light of the foregoing, the June 17, 2011 hearing on Defendants’ motion to dismiss is
VACATED. The hearing will be reset by the Court in a separate order if necessary.
IT IS SO ORDERED.

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Dated: June 10, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ANNETTE HORNSBY,

Case Number: CV10-04928 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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LITTON LOAN SERVICING et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on June 10, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
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17 Annette Hornsby
2319 Benington Drive
18 Vallejo, CA 94591
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Dated: June 10, 2011
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk