Arim et al v. First Horizon Home Loans et al

Filing 12

ORDER TO SHOW CAUSE Show Cause Response due by 11/1/2012.. Signed by Judge Laurel Beeler on 10/2/2012. (lblc1, COURT STAFF) (Filed on 10/3/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
SAMI ARIM, et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 11-01544 LB
Plaintiffs,

ORDER TO SHOW CAUSE

v.
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FIRST HORIZON HOME LOANS, et al.,
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Defendants.
_____________________________________/
On March 30, 2011, Plaintiffs Sami Arim and Luciana Arim filed a complaint against

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Defendants First Horizon Home Loans, First Tennessee Bank, N.A., and Assured Lender Services.

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Complaint, ECF No. 1.1 The Clerk issued a summons as to each Defendant on April 1, 2011. See

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Clerks Notice, ECF No. 3.

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On May 11, 2011 and again on August 19, 2011, the Clerk requested Plaintiffs consent or

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decline to proceed before a United States Magistrate Judge. See ECF Nos. 4-5. Plaintiffs did not

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respond to the clerk’s notices. Nor have plaintiffs filed any evidence that they have served any

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Defendant within the 120-day time period provided by Federal Rule of Civil Procedure 4(m).

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On September 13, 2012, the court ordered Plaintiffs to show cause by October 1, 2012, why the

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court should not dismiss this action for failure to prosecute. See, ECF No. 9. On September 18 and

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25, 2012, the USPS returned the court’s letters as undeliverable. ECF Nos. 10-11. On October 2,

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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronicallygenerated page number at the top of the document.
C 11-01544 LB (ORDER TO SHOW CAUSE)

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2012, the court reached Plaintiff Sammi Arim at the telephone number listed on the docket. Mr.

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Arim provided the court with updated address information for both Plaintiffs.

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Accordingly, Plaintiffs are HEREBY ORDERED TO SHOW CAUSE why the court should

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not dismiss Defendants First Horizon Home Loans, First Tennessee Bank, N.A., and Assured Lender

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Services with prejudice for failure to prosecute. Plaintiffs shall file a response to this order to show

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cause by November 1, 2012. If the court does not receive Plaintiffs’ response by November 1, 2012,

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it will reassign the matter to a United States District Court Judge who may dismiss Plaintiffs’

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complaint without further notice.

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IT IS SO ORDERED.
Dated: October 2, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 11-01544 LB (ORDER TO SHOW CAUSE)

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