Cruz et al v. Aurora Loan Services, LLC

Filing 61

AMENDED ORDER TO SHOW CAUSE. The amended order changes a date error in the previous order (from October 21, 2016 to October 21, 2015) (see ECF No. 60 at 1:19-20) and otherwise is unchanged in substance. The show-cause hearing remains set for February 18, 2016 at 9:30 a.m., and the plaintiffs' explanation remains due on February 11, 2016. (Beeler, Laurel) (Filed on 1/24/2016)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
JOSE CRUZ, et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Case No. 3:15-cv-00585-LB
Plaintiffs,

v.

AMENDED ORDER TO SHOW
CAUSE

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AURORA LOAN SERVICES, LLC.,
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Defendant.
_____________________________________

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The court entered its initial scheduling order on August 28, 2015. (Order, ECF No. 50.1) That

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order referred the case to the court’s mediation program, set an ADR completion date of January 14,

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2016, and set a further case-management conference for January 14, 2016. (Id. at 2.) On October 21,

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2015, the ADR unit referred the case for mediation with Victor Haydell at Farella Braun + Martell.

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(Notice, ECF No. 52.) According to the parties’ joint-case management statement filed on January 7,

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2016, 1) the plaintiffs’ counsel was unable to reach the plaintiffs in November and December 2015,

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2) the mediator thus cancelled the parties’ mediation that was set for December 16, 2015, 3) the

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plaintiffs failed to appear at their deposition that Aurora set for December 17, 2015, resulting in

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costs that Aurora wants the plaintiffs to reimburse, and 4) Aurora will renotice the depositions.

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Citations are to the Electronic Case File (“ECF”); pin cites are to the ECF-generated
numbers at the tops of the documents.
Case No. 3:15-cv-00585-LB
AMENDED ORDER TO SHOW CAUSE

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(Joint CMC Statement, ECF NO. 54 at 2). At the case-management conference on January 14, 2016,

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the plaintiffs’ counsel did not appear in person or by telephone, even though he moved on January 7

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to appear by telephone. (See Motion to Appear by Telephone, ECF NO. 56; Order Granting Motion,

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ECF No. 57; Minute Entry, ECF No. 58.) The court set a further case-management conference on

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January 21, 2016 and directed the plaintiffs’ counsel to appear; again, he did not. (Minute Entry,

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ECF No. 58; Minute Entry, ECF No. 59.) At the January 21 case-management conference, Aurora

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notified the court that it had reset the depositions to February 25 and February 26, 2016.

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Given these circumstances, the court orders the plaintiffs Jose and Bianca Cruz to show cause

extent the issue is that the plaintiffs are not responding to their attorney’s inquiries to them, the court

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instructs them that they must stay informed about proceedings and orders them to do so. The court

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For the Northern District of California

why they have not appeared for their depositions and failed to participate in their mediation. To the

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UNITED STATES DISTRICT COURT

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warns the plaintiffs that failing to appear for their depositions and court-ordered mediation may

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result in sanctions being imposed against them, including monetary sanctions in the form of

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Aurora’s costs and fees expended in scheduling depositions. The court also warns them that their

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failure to participate in their litigation also may result in the court’s dismissing their case for failure

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to prosecute it. The court sets a hearing for February 18, 2016 at 9:30 a.m. and directs the plaintiffs’

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counsel to file an explanation by February 11, 2016.

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IT IS SO ORDERED.
Dated: January 24, 2016
_______________________________
LAUREL BEELER
United States Magistrate Judge

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Case No. 3:15-cv-00585-LB
AMENDED ORDER TO SHOW CAUSE

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