Moorish Science Temple of America v. American Home Mortgage Servicing, Inc. et al

Filing 17

ORDER TO SHOW CAUSE. Signed by Judge JEFFREY S. WHITE on 4/15/11. (jjoS, COURT STAFF) (Filed on 4/15/2011)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

MOORISH SCIENCE TEMPLE OF
AMERICA,

10

No. C 11-00950 JSW

11
v.
For the Northern District of California

United States District Court

Plaintiff,
12
13
14

ORDER TO SHOW CAUSE
AMERICAN HOME MORTGAGE
SERVICING, INC., ET AL,
Defendants.
/

15
16

On January 28, 2011, Plaintiff Moorish Science Temple of America, appearing pro se,

17

filed a complaint in the Superior Court for the County of Contra Costa against Defendants

18

American Home Mortgage Servicing, Inc., HSBC Bank USA, National Association, as Trustee

19

for SG Mortgage Securities Trust 2006-OPT2, Asset Backed Certificates, Series 2006 OPT2,

20

and Power Default Services, Inc. (“Defendants”). Defendants removed the action to this Court

21

on March 1, 2011. Defendants have filed a motion to dismiss all causes of action in the

22

complaint and noticed the motion for hearing on April 29, 2011. Plaintiff’s opposition brief or

23

statement of non-opposition was due by April 8, 2011. Plaintiff has not filed any opposition or

24

response to the motion to dismiss.

25

Plaintiff Moorish Science Temple of America is HEREBY ORDERED TO SHOW

26

CAUSE in writing, by May 6, 2011, why the motion to dismiss pending against it should not be

27

granted in light of Plaintiff’s failure to file a timely opposition or statement of non-opposition.

28

1

Plaintiff’s failure to file a timely response to this show cause Order will result in a dismissal of

2

this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

3
4

In light of the foregoing, the April 29, 2011 hearing on Defendant’s motion to dismiss is
VACATED. The hearing will be reset by the Court in a separate order if necessary.

5
6

IT IS SO ORDERED.

7
8

Dated: April 15, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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
MOORISH SCIENCE TEMPLE OF
6 AMERICA et al,

v.

9 AMERICAN HOME MORTGAGE
SERVICING, INC. et al,
10
Defendant.
11
For the Northern District of California

United States District Court

CERTIFICATE OF SERVICE

Plaintiff,

7
8

Case Number: CV11-00950 JSW

/

12

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
13 District Court, Northern District of California.
14 That on April 15, 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
15 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.
16
17
18 Moorish Science Temple of America
3328 Brentwood Avenue
19 Richmond, CA 94803
20
21
22
23
24
25
26
27
28

Dated: April 15, 2011
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk