Seata Vai et al v. Wells Fargo Bank National Association et al

Filing 59

ORDER Granting 49 Defendants' Motion for Summary Judgment; and Order to Show Cause. Signed by Judge Edward M. Chen on 2/4/2014. (emcsec, COURT STAFF) (Filed on 2/4/2014)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 VANCAMP SEATA VAI, et al., 9 Plaintiffs, 10 v. 11 For the Northern District of California United States District Court No. C-13-0294 EMC WELLS FARGO BANK, N.A., et al., 12 Defendants. ___________________________________/ ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; AND ORDER TO SHOW CAUSE (Docket No. 49) 13 14 15 Plaintiffs have filed a statement of nonopposition to Defendants Wells Fargo and Golden 16 West’s motion for summary judgment. Accordingly, the Court hereby GRANTS Wells Fargo and 17 Golden West’s motion and dismisses them with prejudice from the case. 18 This leaves as the only remaining defendant in the case Cal-Western. In July 2013, Cal- 19 Western filed a notice stating that it had filed a bankruptcy petition, and thus this litigation as to it 20 should be stayed. See Docket No. 42 (notice). No party contested Cal-Western’s position. 21 However, it appears that that bankruptcy proceeding has now closed. 22 Given the apparent closure of the bankruptcy case and Plaintiffs’ concession that they have 23 no viable claims against the main defendants in the case, the Court now orders Plaintiffs to show 24 cause as to why any claims against Cal-Western should not be dismissed, either with or without 25 prejudice. 26 /// 27 /// 28 /// 1 2 Plaintiffs’ response shall be filed within one week from the date of this order. Cal-Western may file a reply to the response within two weeks from the date of this order. 3 4 IT IS SO ORDERED. 5 6 Dated: February 4, 2014 7 _________________________ EDWARD M. CHEN United States District Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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