Hussein v. Bank of New York et al

Filing 40

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 7/16/2015 08:00 AM.. Signed by Judge Alsup on 7/2/2015. (whalc2, COURT STAFF) (Filed on 7/2/2015)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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MOHAMMED S. HUSSEIN and ROZINA HUSSEIN,

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No. C 15-00907 WHA

Plaintiffs,

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v.

BANK OF NEW YORK MELLON fka THE BANK
OF NEW YORK, AS TRUSTEE ON BEHALF OF
THE HOLDERS OF THE ALTERNATIVE LOAN
TRUST 2007-OH2, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-OH2; NATIONAL
DEFAULT SERVICING CORPORATION; SELECT
PORTFOLIO SERVICING, INC.; and DOES 1–50
inclusive,

ORDER TO SHOW CAUSE

Defendants.
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A previous order required plaintiffs to file their amended complaint by June 22 (Dkt. No.

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32), which plaintiffs actually filed on July 1, nine days late. Then, plaintiffs’ counsel, Attorney

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Christopher Weston, failed to appear at the case management conference on July 2, instead

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sending a different lawyer, Attorney Vince Beirne, to “specially appear.” At the hearing,

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defense Attorney Bryan Hawkins informed the undersigned judge that he had called Attorney

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Weston twice regarding the parties’ joint case management statement, and had also sent Attorney

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Weston a follow-up email, but Attorney Weston failed to respond to any of these inquiries.

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Attorney Weston is hereby ORDERED TO SHOW CAUSE as to why this case should not be
dismissed for failure to prosecute for: (1) failing to timely file the amended complaint; (2)
failing to cooperate with defense counsel in filing a joint case management statement (and failing

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to file his own case management statement); and (3) failing to appear at the regularly scheduled

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case management conference. Attorney Weston is also ORDERED TO SHOW CAUSE as to why he

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(in his personal capacity, rather than his clients) should not pay the for the travel time incurred

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by defense counsel as a result of the aborted case management conference. A hearing on this

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OSC is set for JULY 16, 2015, AT EIGHT A.M., at which Attorney Weston must appear in person.

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As stated at the aborted case management conference, no schedule will be given at this

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time. If the case does move forward after the OSC hearing, the parties will receive their

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schedule at that time and the defense will receive a two-week extension to respond to the

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amended complaint.

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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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Dated: July 2, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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