Sanchez v. Central Mortgage Company et al

Filing 29

ORDER TO SHOW CAUSE. Show Cause Response due by 11/9/2015. Signed by Magistrate Judge Jacqueline Scott Corley on 10/30/2015. (ahm, COURT STAFF) (Filed on 11/2/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GLORIA SANCHEZ,

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Case No. 15-cv-03597-JSC

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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CENTRAL MORTGAGE COMPANY,

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Re: Dkt. No. 17

Defendant.

United States District Court
Northern District of California

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Plaintiff Gloria Sanchez (“Plaintiff”) brings this foreclosure-related action against

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Defendant Central Mortgage Company (“Defendant”) alleging that Defendant engaged in fraud,

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violated the California Homeowners Bill of Rights, and is liable for breach of contract and breach

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of the covenant of good faith and fair dealing in connection with its roles as servicer of Plaintiff’s

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residential mortgage loan.1 (Dkt. No. 1.) Now pending before the Court is Defendant’s Motion to

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Dismiss, filed on October 8, 2015, in which Defendant seeks to dismiss the complaint in its

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entirety pursuant to Federal Rule of Civil Procedure 12(b) subdivisions (1) and (6). (Dkt. No. 17.)

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By operation of the Local Rules, Plaintiff’s opposition to the motion was due on October 22, 2015.

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See N.D. Cal. L.R. 7-3(a) (“The opposition must be filed and served not more than 14 days after

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the motion was filed.”). That deadline has come and gone, but Plaintiff has not filed an

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opposition. Plaintiff is therefore ORDERED to SHOW CAUSE by November 9, 2015, why the

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Court should not grant Defendant’s motion. Plaintiff must explain her failure to timely oppose

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Defendant’s motion and must also file an opposition by that date. Plaintiff is warned that a failure

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to comply with this Order may result in the dismissal of this action for failure to prosecute or to

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Plaintiff named MTC Financial, Inc. as a defendant in the complaint, but has since filed a notice
of voluntary dismissal of claims against that entity. (Dkt. No. 12.)

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comply with a court order. See Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
Dated: October 30, 2015

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________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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