Atkins v. Bank of America , N.A.

Filing 24

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 10/29/2015 10:00 AM. Show Cause Response due by 10/1/2015. The Mellen Law Firm shall serve this Order upon Plaintiff. Signed by Judge Maria-Elena James on 10/1/2015. (cdnS, COURT STAFF) (Filed on 10/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANNY ATKINS,

Case No. 15-cv-00051-MEJ

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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BANK OF AMERICA , N.A.,
Defendant.

United States District Court
Northern District of California

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On July 9, 2015, the Court granted the Mellen Law Firm’s Motion to Withdraw as Counsel

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to Plaintiff Danny Atkins. Dkt. No. 21. However, because no substitution of counsel had been

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filed on Atkins’ behalf, the Court granted withdrawal on the condition that all papers from the

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Court and from Defendant shall continue to be served on the Mellen Law Firm for forwarding

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purposes until a substitution of counsel is filed as provided by Civil Local Rule 11-5(b). The

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Mellen Law Firm filed proof of service of the Order upon Atkins. Dkt No. 22. Since that time,

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Plaintiff has not appeared in this case.

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On September 30, 2015, Defendant Bank of America, N.A. filed a Request for a

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Telephonic Conference. Dkt. No. 23. In their request, Defendant states Plaintiff has failed to

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respond to outstanding discovery, failed to meet in confer as required by the undersigned’s

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Discovery Standing Order, and failed to follow through on Defendant’s request for a stipulation to

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extend deadlines in this case to allow Plaintiff more time to obtain an attorney. Based on these

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failures, the Court hereby ORDERS Plaintiff Danny Atkins to show cause why this case should

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not be dismissed for failure to prosecute and failure to comply with court deadlines. Plaintiff shall

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file a declaration by October 15, 2015. If a responsive declaration is filed, the Court shall either

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issue an order based on the declaration or conduct a hearing on October 29, 2015 at 10:00 a.m. in

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Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. Notice is hereby

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provided to Plaintiff that the Court may dismiss this case without a hearing if no responsive

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declaration is filed. Thus, it is imperative that the Court receive a written response by the deadline

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above.

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Defendant’s request for a telephonic conference is stayed pending resolution of the order to
show cause.

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The Mellen Law Firm shall serve this Order upon Plaintiff.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: October 1, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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