Walker v. MB Financial Bank, N.A.

Filing 18

ORDER TO SHOW CAUSE. The court ORDERS Ms. Walker to show cause why she has failed to file either an opposition or a statement of non-opposition to MB Financial's motion to stay this action. She shall do so by filing a written response by 5: 00 p.m. on Tuesday, October 15, 2013. The filing of a statement of non-opposition will discharge this order to show cause. The failure to file a response may be construed as a non-opposition to MB Financial's motion and result in it being granted. Show Cause Response due by 10/15/2013. Signed by Magistrate Judge Laurel Beeler on 10/11/2013. (lblc2, COURT STAFF) (Filed on 10/11/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
KENDRA NICOLE WALKER,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,

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No. C 13-03601 LB
ORDER TO SHOW CAUSE

v.

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MB FINANCIAL BANK, N.A.,

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Defendant.
_____________________________________/

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Plaintiff Kendra Nicole Walker filed this action against defendant MB Financial Bank, N.A. on
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August 2, 2013. Complaint, ECF No. 1.1 She filed a First Amended Complaint on August 27, 2013.

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FAC, ECF No. 5. MB Financial answered her First Amended Complaint on September 18, 2013.
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Answer, ECF No. 9. All parties have consented to the undersigned’s jurisdiction. Consent (Ms.
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Walker), ECF No. 7; Consent (MB Financial), ECF No. 14.
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On September 23, 2013, MB Financial filed via the court’s ECF system a motion to stay this
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action during the pendency and resolution of an Illinois state court case that was initiated prior to
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this action. Motion, ECF No. 11. Under Civil Local Rule 7-3(a), Ms. Walker’s deadline to file an
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opposition to the motion was 14 days later, or by October 7, 2013. The court notes that Ms.
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Walker’s counsel was served with the motion via ECF, and the court’s docket notes that her
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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronicallygenerated page numbers at the top of the document.
C13-03601 LB
ORDER TO SHOW CAUSE

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opposition was due on October 7, 2013. To date, she has filed neither an opposition nor a statement

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of non-opposition, even though Civil Local Rule 7-3(b) states that “[i]f the party against whom the

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motion is directed does not oppose the motion, that party must file with the Court a Statement of

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Nonopposition within the time for filing and serving any opposition.”

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Accordingly, the court ORDERS Ms. Walker to show cause why she has failed to file either an

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opposition or a statement of non-opposition to MB Financial’s motion to stay this action. She shall

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do so by filing a written response by 5:00 p.m. on Tuesday, October 15, 2013. The filing of a

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statement of non-opposition will discharge this order to show cause. The failure to file a response

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may be construed as a non-opposition to MB Financial’s motion and result in it being granted.

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Dated: October 11, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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IT IS SO ORDERED.

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C13-03601 LB
ORDER TO SHOW CAUSE

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