RPM Mortgage, Inc. v. Suntrust Mortgage, Inc. et al

Filing 20

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 11/12/2015 10:00 AM. Show Cause Response due by 11/4/2015. Signed by Judge Maria-Elena James on 10/29/2015. (cdnS, COURT STAFF) (Filed on 10/29/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RPM MORTGAGE, INC., Case No. 15-cv-03380-MEJ Plaintiff, 8 ORDER TO SHOW CAUSE v. 9 10 SUNTRUST MORTGAGE, INC., et al., Defendants. United States District Court Northern District of California 11 12 13 Plaintiff RPM Mortgage, Inc. (“RPM”) brings a Complaint for Declaratory Relief against 14 Defendant SunTrust Mortgage, Inc. (“SunTrust”), seeking a judicial determination that it has no 15 obligation to indemnify SunTrust for its losses relating to loans underwritten by NL, Inc. After 16 SunTrust moved to dismiss for forum non conveniens or transfer venue, the Court denied 17 SunTrust’s Motion without prejudice, finding a more developed record regarding the nature of NL 18 and RPM’s relationship would help reveal whether transfer is appropriate. Dkt. No. 18. The 19 Court directed the parties to engage in limited discovery regarding NL and RPM’s relationship, to 20 be completed by October 15, 2015, and provide a discovery status report as part of their joint case 21 management statement. Id. 22 As the parties did not file a joint statement by October 15, the Court vacated the October 23 22, 2015 Case Management Conference and ordered the parties to file a joint status report by 24 October 27, 2015. Dkt. No. 19. No response has been received. Accordingly, the Court hereby 25 ORDERS Plaintiff RPM Mortgage, Inc. to show cause why this case should not be dismissed for 26 failure to prosecute and failure to comply with court deadlines. RPM shall e-file a declaration by 27 November 4, 2015 (no chambers copy is required). If a responsive declaration is filed, the Court 28 shall either issue an order based on the declaration or conduct a hearing on November 12, 2015 at 1 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. 2 Notice is hereby provided to RPM that the Court may dismiss this case without a hearing if no 3 responsive declaration is filed. Thus, it is imperative that the Court receive a written response by 4 the deadline above. 5 IT IS SO ORDERED. 6 7 8 9 Dated: October 29, 2015 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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