Flores et al v. Wells Fargo Bank, N.A. et al

Filing 13

ORDER TO SHOW CAUSE TO PLAINTIFFS COUNSEL LINDA Z. VOSS. Order to Show Cause Hearing set for 8/15/2013 09:00 AM, Courtroom F, 15th Floor, 450 Golden Gate Avenue in San Francisco. Signed by Magistrate Judge Jacqueline Scott Corley on 8/2/2013. (ahm, COURT STAFF) (Filed on 8/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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BERNARD T. FLORES, AND
BENJAMIN T. FLORES,

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Plaintiffs,

Case No.: C-13-2410 JSC
ORDER TO SHOW CAUSE TO
PLAINTIFFS’ COUNSEL LINDA Z.
VOSS

v.

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WELLS FARGO BANK, N.A., et al.,
Defendants.

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Defendant Wells Fargo Bank, NA (“Wells Fargo”) removed this action from the San
Mateo County Superior Court on May 28, 2013 based on diversity jurisdiction. (Dkt. No. 1.)
On June 18, 2013, Wells Fargo moved to dismiss the complaint for failure to state a claim
upon which relief could be granted. (Dkt. No. 8.) Plaintiffs failed to file an opposition or
statement of non-opposition as required by Local Rule 7-3 so the Court issued an Order to
Show Cause as to why the action should not be dismissed for failure to prosecute pursuant to
Federal Rule of Civil Procedure 41(b). (Dkt. No. 10.) Plaintiffs failed to timely respond to
the Court’s Order; instead, Plaintiffs, through counsel, moved to voluntarily dismiss the case
on July 24, 2013. (Dkt. No. 11.)

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The Court did not grant Plaintiffs’ motion because it has come to the Court’s attention

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that Plaintiffs’ counsel, Linda Z. Voss, was suspended from practice in this Court on an

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interim basis on June 3, 2013. See In re: Linda Z. Voss, No. 13-mc-80120-WHA, Dkt. No. 1.

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This suspension became final on July 18, 2013. Id. at Dkt. No. 2. As far as the Court is

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aware, Counsel Voss has not challenged this suspension in any way. Nor has Voss given

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notice of her suspension in this action or any of the many other actions which she has pending

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in the District Court for the Northern District of California. See, e.g., Copper Hill, Inc. v.

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Pagtalunan et al., No. 13-cv-01345-LB; AH4R-CA, LLC v. De Leon et al., No. 13-cv-01667-

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WHO; Lampa-De Leon et al. v. Deutsche Bank, NTC, No. No. 13-cv-01709-LB; Granite

Northern District of California

Ranch Opportunities, LLC v. Hecker, No. 13-cv-02966-WHO; Caballero et al v. Bank of New

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United States District Court

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York Mellon, No. 13-cv-03178-EMC; Garcia et al v. Aurora Loans Services et al., No. 13-cv-

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03028-PSG.

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Counsel Voss is hereby ORDERED TO PERSONALLY APPEAR AND SHOW

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CAUSE on August 15, 2013 at 9:00 a.m., Courtroom F, 15th Floor, 450 Golden Gate Avenue

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in San Francisco as to whether the motion for voluntarily dismissal she filed on Plaintiffs’

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behalf was filed with their consent and whether they had notice of her suspension from

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practice. Further, Counsel Voss shall show cause as to why she should not be referred to the

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California State Bar based on the fact that she has continued to file pleadings in this Court

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despite the fact that she had been suspended from practice, failed to provide the Court with

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notice of her suspension, and failed to substitute counsel or make other arrangements

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regarding representation of her clients.

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As neither party appeared for the hearing on Wells Fargo’s Motion to Dismiss set for
August 1, 2013, that motion is stayed pending disposition of this Order to Show Cause.
Counsel Voss shall serve a copy of this Order on Plaintiffs individually and file proof
of service with this Court within 7 days.
IT IS SO ORDERED.

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Dated: August 2, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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