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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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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Plaintiff and Counter-Defendant,
No. C 12-03836 WHA

For the Northern District of California

United States District Court

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v.
PAUL JACKSON, SANDRA BURT, and
KENNETH BURT.

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ORDER DISMISSING ACTION
FOR FAILURE TO PROSECUTE

Defendants, Counterclaimants, and
Third-Party Plaintiffs,

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v.

BANK OF AMERICA, OCWEN MORTGAGE
CORPORATION, QUALITY LOAN SERVICE,
and BANK OF AMERICA f/k/a PRLAP, INC.,
Third-Party Defendants.
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A case management conference in this action was set for November 8, 2012, at 11:00

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a.m. No one appeared. Plaintiff DAPC, LLC, defendants Paul Jackson, Sandra Burt and

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Kenneth Burt, and all counter-defendants who had been served were ordered to appear on

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November 29, 2012, to show cause why they should not be sanctioned for failing to attend the

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duly-noticed case management conference or why the action should not be dismissed for lack of

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prosecution. Additionally, the order to show cause required the parties to serve and file a

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sworn, detailed declaration regarding their failure to appear, due by November 21. No response

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was received.

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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.

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On November 29, 2012, chambers staff called defendants’ number, as listed on the docket, and

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left a message on the answering service of Sandra Burt notifying her that she was required to

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update her contact information. No response has been received from Sandra Burt or any of the

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other defendants.

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scheduled hearings, the action is hereby DISMISSED FOR FAILURE TO PROSECUTE. The Clerk
shall close the file.

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For the Northern District of California

United States District Court

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For the reasons stated above, including the parties’ repeated failure to appear for

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IT IS SO ORDERED.

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Dated: December 18, 2012.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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