DAPC, LLC v. Jackson et al

Filing 20

ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE. Signed by Judge Alsup on 12/18/12. (whalc2, COURT STAFF) (Filed on 12/18/2012) (Additional attachment(s) added on 12/18/2012: # 1 Certificate/Proof of Service) (dt, COURT STAFF).

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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 DAPC, LLC, 11 Plaintiff and Counter-Defendant, No. C 12-03836 WHA For the Northern District of California United States District Court 10 12 13 v. PAUL JACKSON, SANDRA BURT, and KENNETH BURT. 14 16 17 18 19 ORDER DISMISSING ACTION FOR FAILURE TO PROSECUTE Defendants, Counterclaimants, and Third-Party Plaintiffs, 15 v. BANK OF AMERICA, OCWEN MORTGAGE CORPORATION, QUALITY LOAN SERVICE, and BANK OF AMERICA f/k/a PRLAP, INC., Third-Party Defendants. / 20 21 A case management conference in this action was set for November 8, 2012, at 11:00 22 a.m. No one appeared. Plaintiff DAPC, LLC, defendants Paul Jackson, Sandra Burt and 23 Kenneth Burt, and all counter-defendants who had been served were ordered to appear on 24 November 29, 2012, to show cause why they should not be sanctioned for failing to attend the 25 duly-noticed case management conference or why the action should not be dismissed for lack of 26 prosecution. Additionally, the order to show cause required the parties to serve and file a 27 sworn, detailed declaration regarding their failure to appear, due by November 21. No response 28 was received. 1 2 3 The order to show cause hearing was set for November 29, 2012, at 3:00 p.m. The case was called at 3:20 p.m. No one appeared for any party. The order to show cause was returned from defendants’ address as undeliverable mail. 4 On November 29, 2012, chambers staff called defendants’ number, as listed on the docket, and 5 left a message on the answering service of Sandra Burt notifying her that she was required to 6 update her contact information. No response has been received from Sandra Burt or any of the 7 other defendants. 8 9 scheduled hearings, the action is hereby DISMISSED FOR FAILURE TO PROSECUTE. The Clerk shall close the file. 11 For the Northern District of California United States District Court 10 For the reasons stated above, including the parties’ repeated failure to appear for 12 IT IS SO ORDERED. 13 14 Dated: December 18, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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