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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RPM MORTGAGE, INC.,

Case No. 15-cv-03380-MEJ

Plaintiff,
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ORDER TO SHOW CAUSE

v.
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SUNTRUST MORTGAGE, INC., et al.,
Defendants.

United States District Court
Northern District of California

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Plaintiff RPM Mortgage, Inc. (“RPM”) brings a Complaint for Declaratory Relief against

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Defendant SunTrust Mortgage, Inc. (“SunTrust”), seeking a judicial determination that it has no

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obligation to indemnify SunTrust for its losses relating to loans underwritten by NL, Inc. After

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SunTrust moved to dismiss for forum non conveniens or transfer venue, the Court denied

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SunTrust’s Motion without prejudice, finding a more developed record regarding the nature of NL

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and RPM’s relationship would help reveal whether transfer is appropriate. Dkt. No. 18. The

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Court directed the parties to engage in limited discovery regarding NL and RPM’s relationship, to

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be completed by October 15, 2015, and provide a discovery status report as part of their joint case

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management statement. Id.

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As the parties did not file a joint statement by October 15, the Court vacated the October

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22, 2015 Case Management Conference and ordered the parties to file a joint status report by

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October 27, 2015. Dkt. No. 19. No response has been received. Accordingly, the Court hereby

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ORDERS Plaintiff RPM Mortgage, Inc. to show cause why this case should not be dismissed for

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failure to prosecute and failure to comply with court deadlines. RPM shall e-file a declaration by

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November 4, 2015 (no chambers copy is required). If a responsive declaration is filed, the Court

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shall either issue an order based on the declaration or conduct a hearing on November 12, 2015 at

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10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California.

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Notice is hereby provided to RPM that the Court may dismiss this case without a hearing if no

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

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the deadline above.

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IT IS SO ORDERED.

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Dated: October 29, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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