Johannson v. Wachovia Mortgage

Filing 58

ORDER TO SHOW CAUSE Show Cause Response due by 5/11/2012.. Signed by Judge Alsup on May 4, 2012. (whalc2, COURT STAFF) (Filed on 5/4/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 WENDY JOHANNSON, 11 For the Northern District of California United States District Court 10 12 13 No. C 11-02822 WHA Plaintiff, v. ORDER TO SHOW CAUSE 15 WACHOVIA MORTGAGE, FSB, formerly known as World Savings Bank FSB, DEREK WAYNE PHILIPS, doing business as DKP MORTGAGE, and JOSEPH STEVEN CANTER, 16 Defendants. 14 17 18 / By separate order filed concurrently herewith, summary judgment was granted in favor of 19 defendant Wachovia Mortgage, FSB, leaving the question whether this case will still proceed 20 against any other defendants. With respect to defendant Joseph Steven Canter, it appears this 21 defendant was never served. Plaintiff is ORDERED TO SHOW CAUSE why the case should not be 22 dismissed as to him for failure to timely serve. See F.R.C.P. 4(m). With respect to defendant 23 Derek Wayne Philips it appears he was served (but that is not clear). It does not appear 24 defendant Philips filed an answer to the second amended complaint, the operative complaint. 25 All parties are ORDERED TO SHOW CAUSE why default should not be entered against defendant 26 27 28 1 Philips. The parties will be heard on these matter at 2:00 PM ON MAY 14, 2012, during the final 2 pretrial conference. Written submission thereon are due BY NOON ON MAY 11. 3 4 IT IS SO ORDERED. 5 6 Dated: May 4, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 7 8 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

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