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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 ANNETTE HORNSBY, Plaintiff, For the Northern District of California United States District Court 10 11 12 13 No. C 10-04928 JSW SECOND ORDER TO SHOW CAUSE v. LITTON LOAN SERVICING, ET AL., Defendants. / 14 15 Defendants Litton Loan Servicing, LP and Deutsche Bank National Trust Company as 16 Trustee for GSAMP Mortgage Loan Trust 2004-NC1 have filed a motion to dismiss each cause of 17 action in the Complaint and noticed it to be heard on June 17, 2011. Plaintiff’s opposition brief or 18 statement of non-opposition was due by May 27, 2011. Plaintiff has not filed any opposition or 19 response to the motion to dismiss. 20 Plaintiff Annette Hornsby is HEREBY ORDERED TO SHOW CAUSE (“OSC”) in writing, 21 by June 21, 2010, why the pending motion to dismiss should not be granted in light of her failure to 22 file a timely opposition or statement of non-opposition. If Plaintiff seeks to file a substantive 23 response to Defendants’ motion, Plaintiff must demonstrate good cause for failing to file her 24 opposition brief in a timely fashion. In her response to this OSC, Plaintiff is also directed to show 25 cause why this case should not be dismissed for failure to prosecute. Plaintiff is admonished that her 26 failure to respond this Order by June 21, 2011, will result in a dismissal of this action for failure to 27 prosecute pursuant to Federal Rule of Civil Procedure 41(b). 28 1 2 3 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. 4 5 Dated: June 10, 2011 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 ANNETTE HORNSBY, Case Number: CV10-04928 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 LITTON LOAN SERVICING et al, 9 Defendant. / 11 For the Northern District of California United States District Court 10 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. 15 16 17 Annette Hornsby 2319 Benington Drive 18 Vallejo, CA 94591 19 20 21 22 23 24 25 26 27 28 Dated: June 10, 2011 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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