DAPC, LLC v. Jackson et al

Filing 13

SECOND ORDER TO SHOW CAUSE Show Cause Response due by 10/26/2012.. Signed by Judge Alsup on 10/17/12. (whalc2, COURT STAFF) (Filed on 10/17/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAPC, LLC,

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For the Northern District of California

United States District Court

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Plaintiff and Counter-defendant,
v.

SECOND ORDER TO SHOW
CAUSE

PAUL JACKSON, SANDRA BURT, and
KENNETH BURT
Defendants and Counter-claimants,

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No. C 12-03836 WHA

v.

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BANK OF AMERICA, OCWEN MORTGAGE
CORPORATION, QUALITY LOAN SERVICE,
and BANK OF AMERICA f/k/a PRLAP, INC.,

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Counter-defendants.

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/

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DAPC, LLC filed an unlawful detainer action against Paul Jackson, and Does 1-10, in

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Contra Costa County Superior Court. On July 23, 2012, pro se defendants Sandra and Kenneth

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Burt filed a notice of removal with this Court. The Burts then filed a cross-complaint against

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Bank of America, Bank of America f/k/a PRLAP, Inc., Ocwen Mortgage Corporation, Quality

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Loan Service, and DAPC, LLC. On September 14, counter-defendant Ocwen Loan Servicing,

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LLC (erroneously sued as Ocwen Mortgage Corporation) filed a motion to dismiss the cross-

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complaint. No opposition or statement of non-opposition thereto was received from

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counterclaimants Sandra and Kenneth Burt. By order dated October 3, counterclaimants were

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ordered to show cause why the action should not be dismissed for failure to prosecute. The
response was due by noon on by October 12. No response has been received.

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Counterclaimants Sandra and Kenneth Burt are ORDERED TO SHOW CAUSE why the

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action should not be dismissed for failure to prosecute. Counterclaimants must file a written

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response to this order by NOON ON OCTOBER 26, 2012. If no response is filed, Ocwen’s motion

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to dismiss the cross-complaint may be granted.

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IT IS SO ORDERED.

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Dated: October 17, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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