Cotter v. JP Morgan Chase Bank et al

Filing 15

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 6/4/2015 10:00 AM. Show Cause Response due by 5/21/2015. Signed by Judge Maria-Elena James on 5/11/2015. (cdnS, COURT STAFF) (Filed on 5/11/2015)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

CYNTHIA COTTER,

Case No. 15-cv-01802-MEJ

Plaintiff,
5
v.

ORDER TO SHOW CAUSE

6
7

JP MORGAN CHASE BANK, et al.,
Defendants.

8
9

On April 28, 2015, the Court referred this foreclosure-related action to the ADR Unit for a
telephone conference to assess the case’s suitability for mediation or a settlement conference. Dkt.

11
United States District Court
Northern District of California

10

No. 9. The parties were instructed to participate in a telephone conference by May 26, 2015, and

12

be prepared to discuss prospects for loan modification and settlement. Although the ADR Unit

13

scheduled a phone conference to take place on May 11, 2015 (Dkt. No. 10), Plaintiff Cynthia

14

Cotter did not dial into the phone conference and has not otherwise contacted the ADR Unit.

15

Further, although the Court directed the parties to consent or decline magistrate judge jurisdiction

16

by May 7 (Dkt. No. 7), Plaintiff has failed to respond. In fact, Plaintiff has made no appearance in

17

this case since it was removed from Alameda County Superior Court on April 21, 2015.

18

Accordingly, the Court hereby ORDERS Plaintiff Cynthia Cotter to show cause why this

19

case should not be dismissed for failure to prosecute and failure to comply with court deadlines.

20

Plaintiff shall file a declaration by May 21, 2015. If a responsive declaration is filed, the Court

21

shall either issue an order based on the declaration or conduct a hearing on June 4, 2015 at 10:00

22

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

23

hereby provided to Plaintiff Cynthia Cotter that the Court may dismiss this case without a hearing

24

if no responsive declaration is filed. Thus, it is imperative that the Court receive a written

25

response by the deadline above.

26
27
28

IT IS SO ORDERED.
Dated: May 11, 2015

______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

CYNTHIA COTTER,

Case No. 15-cv-01802-MEJ

Plaintiff,
8
v.

CERTIFICATE OF SERVICE

9
10

JP MORGAN CHASE BANK, et al.,
Defendants.

United States District Court
Northern District of California

11
12
13
14
15

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 5/11/2015, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

16
17
18

Cynthia Cotter
3325 San Leandro Street
Oakland, CA 94601

19
20

Dated: 5/11/2015

21
22
23

Richard W. Wieking
Clerk, United States District Court

24
25
26

By:________________________
Chris Nathan, Deputy Clerk to the
Honorable MARIA-ELENA JAMES

27
28
2