Kim et al v. Select Portfolio Servicing, Inc. et al

Filing 17

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 1/19/2012 10:00 AM. Show Cause Response due by 1/5/2012.. Signed by Judge Maria-Elena James on 12/30/2011. (cdnS, COURT STAFF) (Filed on 12/30/2011)

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UNITED STATES DISTRICT COURT

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Northern District of California

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LYNN KIM; CHUNG FREEMAN,

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Plaintiffs,

No. C 11-5688 MEJ
ORDER TO SHOW CAUSE

v.
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SELECT PORTFOLIO SERVICING, INC., et
al.,

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Defendants.
_____________________________________/

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On December 5, 2011, the Defendants in the above-captioned matter filed a motion to

file an opposition pursuant to Civil Local Rule 7. Thus, on December 22, 2011, Defendants filed a

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For the Northern District of California

dismiss, with a noticed hearing date of January 19, 2012. Dkt. No. 5. However, Plaintiffs failed to

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UNITED STATES DISTRICT COURT

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notice of Plaintiffs’ failure to oppose their motion and requested that the Court grant the motion to

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dismiss. Dkt. No. 11. One week later and two weeks after the deadline under Local Rule 7, without

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leave of the Court, Plaintiffs filed an opposition, with no explanation for their failure to comply with

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the deadline. Plaintiffs’ disregard of the Court’s procedural rules is troubling, even more so given

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that they are represented by counsel. Accordingly, the Court hereby VACATES the January 19,

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2012 hearing and ORDERS Plaintiffs Lynn Kim and Chung Freeman to show cause why sanctions

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should not be imposed failure to comply with court deadlines. Plaintiffs shall file a declaration by

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January 5, 2012. If Plaintiffs file a responsive declaration, the Court shall either issue an order

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based on the declaration or conduct an order to show cause hearing on January 19, 2012 at 10:00

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a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. If Plaintiffs

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fail to file a responsive declaration, Plaintiffs are hereby informed that the Court may dismiss the

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case without a hearing. Thus, it is imperative that Plaintiffs file a written response by the deadline

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above.

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IT IS SO ORDERED.

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Dated: December 30, 2011
_______________________________
Maria-Elena James
Chief United States Magistrate Judge