Barrientos v. CitiMortgage, Inc.

Filing 18

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). (Additional attachment(s) added on 11/8/2012: # 1 proof of service) (tdmS, 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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For the Northern District of California

United States District Court

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) Case No. 12-4653-SC
)
) ORDER TO SHOW CAUSE
Plaintiff,
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v.
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CITIMORTGAGE, INC., and DOES 1-10, )
inclusive,
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Defendants.
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)
ANTONIO R. BARRIENTOS,

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On July 26, 2012, Plaintiff Antonio R. Barrientos

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("Plaintiff") instituted this action challenging a mortgage

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foreclosure by filing a complaint in the California Superior Court

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against Defendant CitiMortgage, Inc. ("Defendant").

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(notice of removal ("NOR") Ex. A ("Compl.").

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with process on August 9.

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timely removed the case to this Court.

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NOR ¶ 1.

ECF No. 1

Defendant was served

On September 6, Defendant

On September 17, Defendant filed a motion to dismiss the

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action.

ECF No. 11 ("Mot.").

Plaintiff was required to file an

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opposition brief or a notice of nonopposition by October 1.

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Civ. L.R. 7-3.

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filed a brief urging the Court to grant its motion as unopposed and

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dismiss this action with prejudice.

Plaintiff did neither.

See

On October 3, Defendant

ECF No. 13.

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The dismissal Defendant seeks is well within the Court's

forth factors district court must consider before dismissing action

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for plaintiff's failure to prosecute or comply with court order).

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Moreover, it appears to be warranted, since Plaintiff is

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represented by counsel and had ample opportunity to respond to

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Defendant's motion.

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05541 SBA, 2012 WL 2055021, at *2 (N.D. Cal. June 5, 2012)

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United States District Court

power.

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For the Northern District of California

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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-

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case).

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time because a less drastic alternative is available.

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291 F.3d at 643.

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However, the Court declines to dismiss the case at this
Pagtalunan,

Instead, the Court ORDERS Plaintiff to show cause why this

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action should not be dismissed for failure to prosecute.

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hearing shall be held.

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the signature date of this order, Plaintiff shall file a brief of

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no more than three (3) pages in length, exclusive of supporting

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declarations and exhibits, if any.

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Plaintiff failed to comply with Civil Local Rule 7-3.

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timely submit this brief shall result in dismissal of Plaintiff's

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case with prejudice.

Civ. L.R. 7-1(b).

No

Within seven (7) days of

The brief shall explain why
Failure to

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IT IS SO ORDERED.

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Dated:

November 8, 2012
UNITED STATES DISTRICT JUDGE

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