Barrientos v. CitiMortgage, Inc.

Filing 17

FILED IN ERROR. REFER TO DOCKET ENTRY 18 , BELOW. ORDER TO SHOW CAUSE. Show Cause Response due by 11/15/2012. No hearing shall be held. Signed by Judge Samuel Conti on 11/08/2012. (sclc2, COURT STAFF) (Filed on 11/8/2012) Modified on 11/8/2012 (sclc2, COURT STAFF). Modified on 11/8/2012 (sclc2, 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 10 For the Northern District of California United States District Court 9 11 12 13 14 ) Case No. 12-4653-SC ) ) ORDER TO SHOW CAUSE Plaintiff, ) ) v. ) CITIMORTGAGE, INC., and DOES 1-10, ) inclusive, ) ) Defendants. ) ) ANTONIO R. BARRIENTOS, 15 16 On July 26, 2012, Plaintiff Antonio R. Barrientos 17 ("Plaintiff") instituted this action challenging a mortgage 18 foreclosure by filing a complaint in the California Superior Court 19 against Defendant CitiMortgage, Inc. ("Defendant"). 20 (notice of removal ("NOR") Ex. A ("Compl."). 21 with process on August 9. 22 timely removed the case to this Court. 23 NOR ΒΆ 1. ECF No. 1 Defendant was served On September 6, Defendant On September 17, Defendant filed a motion to dismiss the 24 action. ECF No. 11 ("Mot."). Plaintiff was required to file an 25 opposition brief or a notice of nonopposition by October 1. 26 Civ. L.R. 7-3. 27 filed a brief urging the Court to grant its motion as unopposed and 28 dismiss this action with prejudice. Plaintiff did neither. See On October 3, Defendant ECF No. 13. 1 The dismissal Defendant seeks is well within the Court's forth factors district court must consider before dismissing action 4 for plaintiff's failure to prosecute or comply with court order). 5 Moreover, it appears to be warranted, since Plaintiff is 6 represented by counsel and had ample opportunity to respond to 7 Defendant's motion. 8 05541 SBA, 2012 WL 2055021, at *2 (N.D. Cal. June 5, 2012) 9 United States District Court power. 3 For the Northern District of California 2 See Pagtalunan v. Galaza, 291 F.3d 639, 642-43 (setting (weighing Pagtalunan factors and dismissing mortgage foreclosure Cf. Weavill v. Wachovia Mortg., FSB, C 11- 10 case). 11 time because a less drastic alternative is available. 12 291 F.3d at 643. 13 However, the Court declines to dismiss the case at this Pagtalunan, Instead, the Court ORDERS Plaintiff to show cause why this 14 action should not be dismissed for failure to prosecute. 15 hearing shall be held. 16 the signature date of this order, Plaintiff shall file a brief of 17 no more than three (3) pages in length, exclusive of supporting 18 declarations and exhibits, if any. 19 Plaintiff failed to comply with Civil Local Rule 7-3. 20 timely submit this brief shall result in dismissal of Plaintiff's 21 case with prejudice. Civ. L.R. 7-1(b). No Within seven (7) days of The brief shall explain why Failure to 22 23 IT IS SO ORDERED. 24 25 26 Dated: November 8, 2012 UNITED STATES DISTRICT JUDGE 27 28 2

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