Bakht v. Chase Home Finance LLC

Filing 7

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 9/1/2011 10:00 AM. Show Cause Response due by 8/18/2011.. Signed by Judge Maria-Elena James on 8/1/2011. (cdnS, COURT STAFF) (Filed on 8/1/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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AGHA BAKHT,

No. C 11-0099 MEJ
Plaintiff,

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SECOND ORDER TO SHOW CAUSE

v.
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For the Northern District of California

UNITED STATES DISTRICT COURT

CHASE HOME FINANCE LLC,
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Defendant.
_____________________________________/

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On January 10, 2011, Plaintiff Agha Bakht filed the above-captioned complaint, at which

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time the Clerk of Court scheduled the matter for a case management conference on April 21, 2011.

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However, as there was no indication that defendant had been served, the Court vacated the c.m.c. on

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April 14, 2011, and ordered Plaintiff to file a status report by May 5, 2011. (Dkt. #3.) Plaintiff

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failed to respond, and the Court ordered her to show cause why this case should not be dismissed for

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failure to prosecute and failure to comply with court deadlines. (Dkt. #4.)

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On May 31, 2011, Plaintiff filed a declaration in response. (Dkt. #5.) In her declaration,

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Plaintiff stated as follows: “Due to my personal exgencies and to much busy schedule Pl. extend the

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date by June 30, 2011.” Although Plaintiff’s response failed to provide any specific reason for her

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failure to prosecute, the Court permitted her another opportunity to proceed with this case,

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discharged the order to show cause, and ordered Plaintiff to serve Defendant and file proof of

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service with the Court by June 30, 2011. Dkt. No. 6. The Court warned Plaintiff that failure to

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comply may result in the imposition of sanctions, including dismissal of Plaintiff’s case.

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As there is still no indication that Plaintiff has served Defendant, the Court ORDERS

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Plaintiff Agha Bakht to show cause why this case should not be dismissed for failure to prosecute.

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Plaintiff shall file a declaration by August 18, 2011, and the Court shall conduct a hearing on

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September 1, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San

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Francisco, California. Plaintiff should be mindful that she must provide specific and legitimate

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reasons for her failure to prosecute and establish good cause to permit her case to move forward.

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IT IS SO ORDERED.

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Dated: August 1, 2011
_______________________________
Maria-Elena James
Chief United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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AGHA BAKHT,

Case Number: 11-00099 MEJ

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Plaintiff,
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CERTIFICATE OF SERVICE
v.

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CHASE HOME FINANCE LLC,
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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. District
Court, Northern District of California.
That on August 1, 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 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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Agha Bakht
27418 Susan Place, Unit 2
Hayward, CA 94544

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Dated: August 1, 2011
Richard W. Wieking, Clerk
By: Brenda Tolbert, Deputy Clerk

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