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).

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 For the Northern District of California United States District Court 10 11 WILLIAM KENNEDY, Plaintiff, v. WELLS FARGO BANK, N.A.; et al., 12 Defendants 13 14 15 16 17 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 18 19 By the instant order, the Court addresses two procedural matters. 20 First, in light of the Court’s order of August 2, 2011, dismissing the complaint in Case 21 No. C 11-0675 (the “Wells Fargo action”), with leave to amend by August 26, 2011, the 22 Case Management Conference scheduled for August 26, 2011 is hereby CONTINUED, in 23 both of the above-titled related cases, to November 18, 2011, at 10:30 a.m. A joint case 24 management conference statement shall be filed no later than November 11, 2011. 25 Second, the action titled Kennedy v. Wachovia, No. 11-1357 (the “Wachovia 26 action”), filed in the Superior Court of California on February 16, 2011, two days after the 27 Wells Fargo action was removed to this court, is brought by the same plaintiff and raises 28 the same claims on the basis of the same alleged facts against the same defendants as 1 those at issue in the Wells Fargo action. Moreover, the Wachovia action’s complaint is the 2 same as the complaint dismissed, on May 13, 2011, in the Wells Fargo action for failure to 3 plead facts sufficient to state a claim. Accordingly, plaintiff William Kennedy is hereby 4 ORDERED TO SHOW CAUSE in writing, and no later than August 26, 2011, why the 5 Wachovia action should not be dismissed. 6 7 IT IS SO ORDERED. Dated: August 11, 2011 MAXINE M. CHESNEY United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?