Bonner v. Fay Servicing, LLC et al

Filing 63

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 9/29/2016 08:00 AM. Show Cause Response due by 9/27/2016.. Signed by Judge Alsup on 9/20/2016. (whalc2, COURT STAFF) (Filed on 9/20/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ERNEST L. BONNER,

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For the Northern District of California

United States District Court

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Plaintiff,

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No. C 16-01363 WHA

v.

ORDER TO SHOW CAUSE

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FAY SERVICING, LLC; CHRISTIANA
TRUST, a Division of Wilmington Savings
Fund Society FSB as Trustee for ARLP
Trust 2; WESTERN PROGRESSIVE,
LLC; OCWEN LOAN SERVICING, LLC;
and DOES 1–100, inclusive,

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Defendants.

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/

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All parties shall appear on SEPTEMBER 29, 2016, AT 8:00 A.M. to show cause as to why

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this case should not be dismissed in light of plaintiff’s recent bankruptcy filing, his motion to

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stay this case, and his refusal to provide discovery.

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Tentatively, the Court is of the view that plaintiff is trying to have it both ways — he

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does not need a stay because he can dismiss this case without prejudice to re-filing in the

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bankruptcy court. It is plaintiff who initiated this action.

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By SEPTEMBER 27, 2016, AT NOON, the parties shall submit memorandums on this
subject. This does not in any way supersede the earlier briefing requirements nor does it

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suspend any requirement to cooperate in discovery.

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IT IS SO ORDERED.

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Dated: September 20, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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