Moran v. Washington Mutual Bank

Filing 9

ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 11/7/2012 at 01:00 PM. Signed by Judge Nathanael M. Cousins on 10/31/2012. (nclc2, COURT STAFF) (Filed on 10/31/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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DEMETRIO MORAN,
Plaintiff,

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Case No. 12-cv-04974 NC
ORDER TO SHOW CAUSE WHY
SANCTIONS SHOULD NOT BE
IMPOSED

v.
WASHINGTON MUTUAL BANK,
JPMORGAN CHASE BANK, N.A.,
Defendants.

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Plaintiff Demetrio Moran, represented by attorney Wendell Jamon Jones, filed

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this mortgage action alleging that defendants’ origination and servicing of plaintiff’s

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mortgage loan was improper. Dkt. No. 1. On October 5, 2012, defendants Washington

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Mutual Bank and JP Morgan Chase Bank, N.A. moved to dismiss plaintiff’s entire

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complaint under Federal Rules of Civil Procedure 8, 9(b), and 12(b)(6). Dkt. No. 5.

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Plaintiff did not file an opposition or statement of non-opposition to the motion as

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required by Civil Local Rule 7-3.

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This case is one of many in which attorney Jones has failed to respond to motions

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to dismiss or other court orders. In previously filed mortgage cases in this District and

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others, Jones has repeatedly failed to prosecute actions he filed on behalf of clients. See,

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e.g., Khan v. World Savings Bank, FSB, No. 10-cv-04057 EJD, 2011 U.S. Dist. LEXIS

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2442, 2011 WL 90765, at *1 (N.D. Cal. January 11, 2011) (Jones failed to file an
Case No. 12-cv-04974 NC
ORDER TO SHOW CAUSE

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opposition or statement of non-opposition to defendants’ motion to dismiss; failed to

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respond to the order to show cause or appear at the order to show cause hearing; Jones

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ordered to pay $1,000 in sanctions and to report the sanction to the state bar); Villar v.

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Bank of America Corp., No. 10-cv-1910-KJM KJN (E.D. Cal. filed July 20, 2010) (Jones

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failed to file an opposition or notice of non-opposition to defendant’s motion to dismiss

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in compliance with E.D. Cal. R. 230(c); court issued an order to show cause as to why

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Jones should not be sanctioned; Jones did not respond to that order); Rodriguez v. Bank

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of America Corp., No. 11-cv-05134 TEH (N.D. Cal. filed October 19, 2011) (Jones filed

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no response to defendant’s motion to dismiss the first amended complaint, to which

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Jones did not file a response of any kind; Jones did not respond to the order to show

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cause as to why the case should not be dismissed; after the court ordered Jones to appear

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before it and warned that if he failed, “the Court may order the United States Marshal to

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locate Mr. Jones and bring him before the Court,” Jones assured the court that he has

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“the utmost respect for the judicial system and will make sure that this type of oversight

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doesn’t happen in the future.”).
In a recent case before this district, Zepeda v. Bank of America Corp., 12-cv-

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03098 JSC (N.D. Cal. filed June 15, 2012), Jones again failed to file an opposition or

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statement of non-opposition to defendants’ motion to dismiss and failed to respond to the

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court’s order to show cause why the case should not be dismissed. See id., Dkt. No. 17.

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After issuance of a second order to show cause for why sanctions should not be imposed,

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Jones appeared at a hearing and represented that he would change his behavior. See id.,

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Dkt. No. 25. Magistrate Judge Corley ordered that, “while no sanctions will be imposed

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at this time, the Court cautions Mr. Jones that his continuing cases in this district will be

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monitored, and should he again fail to respond to motions or court orders, he will be

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referred to the Standing Committee on Professional Conduct, the Chief Judge, or another

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appropriate disciplinary authority in the Northern District (see L.R. 11-6 (a)) without

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another hearing or any further notice.” Id., Dkt. No. 25.

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//
Case No. 12-cv-04974 NC
ORDER TO SHOW CAUSE

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Accordingly, on November 7, 2012, at 1:00 p.m., Jones is ordered to appear in

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person before this Court and show cause why he should not be sanctioned for failure to

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file an opposition or statement of non-opposition to defendants’ motion to dismiss and

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for repeated failures to comply with court orders. Such sanctions may include monetary

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sanctions, referral to the Northern District Standing Committee on Professional Conduct,

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the Chief Judge, or another appropriate disciplinary authority in California or the

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Northern District. See L.R. 11-6 (a). Jones is further ordered to provide a copy of this

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order to his client.

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IT IS SO ORDERED.

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DATED: October 31, 2012
____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 12-cv-04974 NC
ORDER TO SHOW CAUSE

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