Susu et al v. Bayview Loan Servicing, LLC et al

Filing 37

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 9/27/2018 11:00 AM. Show Cause Response due by 8/27/2018. Signed by Judge William Alsup on 8/17/2018. (whasec, COURT STAFF) (Filed on 8/17/2018)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VIOLETTE SUSU and JERRIES SOUSOU,

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For the Northern District of California

United States District Court

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Plaintiffs,

No. C 18-00135 WHA

v.

Related to:

BAYVIEW LOAN SERVICING, LLC, THE
BANK OF NEW YORK MELLON f/k/a THE
BANK OF NEW YORK, AS TRUSTEE FOR
THE CERTIFICAHOLDERS OF CWALT,
INC. ALTERNATIVE LOAN TRUST
2005-82,

No. C 17-05879 WHA

ORDER TO SHOW CAUSE

Defendants.

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/

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Pro se plaintiffs Violette Susu and Jerries Sousou filed their complaint for wrongful

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foreclosure on January 8, 2018. Following the lifting of two previous stays pending resolution

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of parallel proceedings in bankruptcy court, defendants Bayview Loan Servicing, LLC and The

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Bank of New York Mellon f/k/a The Bank of New York moved to dismiss this action in its

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entirety on May 23, and the hearing on the motion was set for July 5 (Dkt. Nos. 16, 18–19,

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22–25).

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On June 1, however, defendants gave notice that plaintiff Jerries Sousou had once again

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filed for bankruptcy. The July 5 hearing on defendants’ motion to dismiss was accordingly

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vacated. Defendants subsequently gave notice that plaintiff Sousou’s bankruptcy action had

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been dismissed and the stay was lifted on August 1 (Dkt. Nos. 26–27, 29–32, 34).

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Defendants refiled their motion to dismiss plaintiffs’ complaint on July 31. That motion

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was served on plaintiffs, and plaintiffs were given until August 14 to file a response. To date,

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plaintiffs have not filed a response to defendants’ motion to dismiss (Dkt. No. 33).

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Plaintiffs shall file a response to the motion by AUGUST 27, 2018. If they fail to do so,

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their complaint will be dismissed. Plaintiffs shall appear in Courtroom 12 on the 19th floor of

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the federal courthouse at 450 Golden Gate Avenue, San Francisco on SEPTEMBER 27 AT

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11:00 A.M. and SHOW CAUSE why their complaint should not be dismissed. Defendants’ reply

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to plaintiffs’ response, if any, is due by SEPTEMBER 3.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: August 17, 2018.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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