Kennedy v. Wachovia Mortgage et al

Filing 17

ORDER CONTINUING CASE MANAGEMENT CONFERENCES; ORDERING PLAINTIFF TO SHOW CAUSE WHY ACTION SHOULD NOT BE DISMISSED. The August 26, 2011 Case Management Conference is continued to November 18, 2011. A joint statement shall be filed by November 11, 20 11. Plaintiff is ordered to show cause by August 26, 2011 why action no. 11-1357 should not be dismissed. Signed by Judge Maxine M. Chesney on 8/11/2011. (mmclc2, COURT STAFF) (Filed on 8/11/2011) (Additional attachment(s) added on 8/11/2011: # 1 Certificate of Service) (tlS, COURT STAFF).

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

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For the Northern District of California

United States District Court

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WILLIAM KENNEDY,
Plaintiff,
v.
WELLS FARGO BANK, N.A.; et al.,

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Defendants

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No. C. 11-0675 MMC

WILLIAM KENNEDY,
Plaintiff,
v.
WACHOVIA MORTGAGE; et al.,
Defendants

/
No. C. 11-1357 MMC
ORDER CONTINUING CASE
MANAGEMENT CONFERENCES;
ORDERING PLAINTIFF TO SHOW
CAUSE WHY ACTION SHOULD NOT BE
DISMISSED

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By the instant order, the Court addresses two procedural matters.

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First, in light of the Court’s order of August 2, 2011, dismissing the complaint in Case

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No. C 11-0675 (the “Wells Fargo action”), with leave to amend by August 26, 2011, the

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Case Management Conference scheduled for August 26, 2011 is hereby CONTINUED, in

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both of the above-titled related cases, to November 18, 2011, at 10:30 a.m. A joint case

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management conference statement shall be filed no later than November 11, 2011.

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Second, the action titled Kennedy v. Wachovia, No. 11-1357 (the “Wachovia

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action”), filed in the Superior Court of California on February 16, 2011, two days after the

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Wells Fargo action was removed to this court, is brought by the same plaintiff and raises

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the same claims on the basis of the same alleged facts against the same defendants as

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those at issue in the Wells Fargo action. Moreover, the Wachovia action’s complaint is the

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same as the complaint dismissed, on May 13, 2011, in the Wells Fargo action for failure to

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plead facts sufficient to state a claim. Accordingly, plaintiff William Kennedy is hereby

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ORDERED TO SHOW CAUSE in writing, and no later than August 26, 2011, why the

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Wachovia action should not be dismissed.

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IT IS SO ORDERED.
Dated: August 11, 2011
MAXINE M. CHESNEY
United States District Judge

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