Deffenbaugh et al v. First California Mortgage Company et al

Filing 33

ORDER TO SHOW CAUSE Show Cause Response due by 10/17/2013.. Signed by Judge Jeffrey S. White on 10/7/13. (jjoS, COURT STAFF) (Filed on 10/7/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SEAN DEFFENBAUGH,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 13-02170 JSW

v.
FIRST CALIFORNIA MORTGAGE
COMPANY,

ORDER TO SHOW CAUSE

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Defendant.
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This matter is set for a hearing on November 15, 2013 on the motions to dismiss filed by

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defendants CitiMortgage, Inc. (“CMI”), Mortgage Electronic Registration Systems, Inc.

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(“MERS”), and First California Mortgage Company (“First California”) (collectively,

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“Defendants”). Pursuant to Local Civil Rule of the Northern District 7-3, an opposition or

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statement of non-opposition to the motion filed by CMI and MERS was due to be filed and

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served by May 31, 2013 and an opposition or statement of non-opposition to the motion filed by

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First California was due to be filed and served by July 8 2013. To date, Plaintiff has not filed

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any opposition or statement of non-opposition.

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Plaintiff is HEREBY ORDERED TO SHOW CAUSE (“OSC”) in writing, by October

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17, 2013, why the pending motions to dismiss should not be granted in light of his failure to file

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timely oppositions or statements of non-opposition. If Plaintiff seeks to file substantive

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responses to Defendants’ motions, Plaintiff must demonstrate good cause for failing to his

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opposition briefs in a timely fashion. In his response to this OSC, Plaintiff is also directed to

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show cause why this case should not be dismissed for failure to prosecute. Plaintiff is

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admonished that their failure to respond this Order by October 17, 2013, will result in a

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dismissal of this action without further notice.

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If Plaintiff files substantive responses to Defendants’ motions and demonstrates good
cause for his delay, Defendants may file reply briefs by no later than October 24, 2013.
IT IS SO ORDERED.

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Dated: October 7, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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SEAN DEFFENBAUGH et al,

Case Number: CV13-02170 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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FIRST CALIFORNIA MORTGAGE
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Defendant.

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For the Northern District of California

United States District Court

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12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
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That on October 7, 2013, I SERVED a true and correct copy(ies) of the attached, by
14 placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
15 inter-office delivery receptacle located in the Clerk's office.
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18 Sean Deffenbaugh
Lorena Mendoza
19 3843 Jefferson Street
Napa, CA 94559
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Dated: October 7, 2013
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk