Hoyt et al v. Ocwen Loan Servicing, LLC et al

Filing 17

ORDER DISCHARGING OSC AND DIRECTING CLERK OF COURT TO REASSIGN CASE WITH REPORT AND RECOMMENDATIONS. Objections due by 1/12/2016. Signed by Judge Maria-Elena James on 12/29/2015. (cdnS, COURT STAFF) (Filed on 12/29/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND L. HOYT, et al.,

Case No. 15-cv-05422-MEJ

Plaintiffs,
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ORDER DISCHARGING OSC

v.
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OCWEN LOAN SERVICING, LLC, et al.,
Defendants.

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ORDER FOR CLERK OF COURT TO
REASSIGN CASE WITH REPORT &
RECOMMENDATION

United States District Court
Northern District of California

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On December 2, 2015, the Court vacated all pending deadlines in this case and referred the

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parties to the ADR Department for a telephone conference to assess the case’s suitability for

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mediation or a settlement conference. Dkt. No. 9. The Court did so based on Plaintiff Raymond

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Hoyt’s “Request to Expedite Decision on Indigency,” in which he stated the foreclosure sale of

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Plaintiffs’ residence was scheduled for December 7, 2015. Dkt. No. 7. However, after the

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referral, the ADR Department tried multiple times to contact Plaintiffs, to no avail. Accordingly,

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on December 9, 2015, the Court ordered Plaintiffs to call the ADR Department at [phone]

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by December 16, 2015. Dkt. No. 14. The Court advised Plaintiffs that their failure to contact the

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ADR Department by December 16 may result in the dismissal of their case pursuant to Federal

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Rule of Civil Procedure 41(b).

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As Plaintiffs failed to comply with the Court’s Order, the Court ordered Plaintiffs

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Raymond L. Hoyt and Marjorie A. Hoyt 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. Dkt. No. 15. Having received

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Plaintiffs’ response (Dkt. No. 16), the Court DISCHARGES the Order to Show Cause.

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In their response, Plaintiffs request reassignment to a district court judge. The Court

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already denied a previous request for reassignment from Raymond Hoyt, as he filed his consent to

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the undersigned’s jurisdiction on November 27, 2015, and he failed to present good cause or

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extraordinary circumstances justifying the withdrawal of consent. See Dkt. No. 14. However,

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Marjorie Hoyt has not yet filed a consent. In accordance with 28 U.S.C. § 636(c)(1), the

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magistrate judges of this District are designated to conduct all proceedings in a civil case upon the

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consent of the parties. All parties have the right to have their case assigned to a United States

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District Judge for trial and disposition, and they are free to withhold consent without adverse

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substantive consequences. Id. § 636(c)(2). Accordingly, the Clerk of Court shall reassign this

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case to a district judge.

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Given the nature of this foreclosure-related action, the undersigned RECOMMENDS the
newly-assigned judge refer the parties to the ADR Department again for a telephone conference to

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assess the case’s suitability for mediation or a settlement conference. Pursuant to Federal Rule of

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United States District Court
Northern District of California

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Civil Procedure 72, any party may serve and file objections to this Report and Recommendation

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within 14 days after being served.

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IT IS SO ORDERED.

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RAYMOND L. HOYT, et al.,

Case No. 15-cv-05422-MEJ

Plaintiffs,
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v.

CERTIFICATE OF SERVICE

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OCWEN LOAN SERVICING, LLC, et al.,
Defendants.

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United States District Court
Northern District of California

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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 December 29, 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.

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Marjorie A. Hoyt
162 Oakridge Drive
Danville, CA 94506
Raymond L. Hoyt
162 Oakridge Drive
Danville, CA 94506

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Dated: December 29, 2015
Richard W. Wieking
Clerk, United States District Court

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

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