Gieseke et al v. Bank of America, N.A. et al

Filing 55

ORDER TO SHOW CAUSE; ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Show Cause Response due by 9/2/2016. Order to Show Cause Hearing set for 10/5/2016 at 2:00 PM. Case Management Statement due by 9/26/2016. Further Case Management Conference set for 10/5/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on August 19, 2016. (wsn, COURT STAFF) (Filed on 8/19/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DOROTHY C. GIESEKE, et al.,

Case No. 13-cv-04772-JST

Plaintiffs,
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ORDER TO SHOW CAUSE; ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE

v.
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BANK OF AMERICA, N.A., et al.,
Defendants.

United States District Court
Northern District of California

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The Case Management Conference currently scheduled for August 24, 2016 is continued

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to October 5, 2016 at 2:00 p.m. An updated Joint Case Management Statement must be filed by

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September 26, 2016.

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If the Plaintiff has not already filed an amended complaint by stipulation by September 26,

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2016, Defendants should state what grounds they anticipate having for opposing Plaintiff’s

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intended motion to amend his complaint. See ECF No. 49 at 4; See also, e.g., Slavkov v. Fast

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Water Heater Partners I, LP, No. 14-CV-04324-JST, 2015 WL 5071933, at *2 (N.D. Cal. Aug. 27,

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2015) (the court considers five factors in deciding a motion for leave to amend: “bad faith, undue

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delay, prejudice to the opposing party, futility of amendment, and whether the plaintiff has

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previously amended his complaint.”).

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Separately, the Court notes that it issued an Order Setting Initial Case Management

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Conference and ADR Deadlines on October 15, 2013. ECF No. 3. In pertinent part, that order

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required the parties to take the following actions by December 25, 2013: “meet and confer re:

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initial disclosures, early settlement, ADR process selection, and discovery plan”; “file ADR

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Certification signed by Parties and Counsel”; and “file either Stipulation to ADR Process or

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Notice of Need for ADR Phone Conference.” Id. at 1. The parties did not take either of the last

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two required actions at any time before a Notice of Appeal was filed on August 27, 2014.
Therefore, the parties are hereby ordered to comply with the foregoing ADR requirements

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by September 2, 2016. If they do not do so, they are ORDERED TO SHOW CAUSE why

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sanctions should not be imposed for their failure. A hearing on this Order to Show Cause will be

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set for October 5, 2016 at 2:00 p.m.

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IT IS SO ORDERED.

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Dated: August 19, 2016
______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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