White v. Greenwich Investors XXVI, LLC et al

Filing 14

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 10/16/2008 04:00 PM. Show Cause Response due by 10/6/2008.. Signed by Judge ARMSTRONG on 9/15/08. (lrc, COURT STAFF) (Filed on 9/16/2008)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION BABATUNDE M. WHITE, Plaintiff, v. GREENWICH INVESTORS XXVI, LLC, Defendant. No. C 08-02013 SBA ORDER TO SHOW CAUSE [Docket No. 11]

On April 17, 2008, pro se plaintiff Babatunde M. White filed suit against defendant Greenwich Investors XXVI, LLC and others. See Docket No. 1. On that same date, Babatunde White, as a defendant, removed to federal court a foreclosure action brought against him by Greenwich Investors XXVI, LLC. That case was assigned Case No. 08-2016 and the matter was related to this Court on June 17, 2008. See Docket No. 8. Case No. 08-2016 was remanded to state court on July 22, 2008. On July 15, 2008, the Court set a Case Management Conference for September 11, 2008, in Case No. 08-2013. See Docket No. 11. The parties failed to file a joint case management conference statement in advance of the conference, as required by the Court's standing order. In addition, on September 11, 2008, Plaintiff did not initiate the case management conference call, and the conference failed to take place. Accordingly, it is ORDERED that: (1) Plaintiff shall appear in Courtroom 3 of the United States Courthouse, 1301 Clay Street, Oakland, California, on October 16, 2008, at 4:00 p.m., to show cause why the above-captioned case should not be dismissed without prejudice for failure to comply with the Court's order and/or for failure to prosecute. At least ten days prior to the above hearing, Plaintiff must file a "Certificate of Plaintiff" with the Clerk of the Court, to explain why the case should or should not be dismissed for failure to comply with the Court's order and/or failure to prosecute. The Certificate shall set forth the nature of the cause, its present status, the reason it has not been brought to trial or otherwise

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terminated, any basis for opposition to dismissal by any party, and its expected course if not dismissed. Please take notice that this Order requires both the specified court appearance and the filing of the Certificate of Plaintiff. Failure to fully comply with this order will be deemed sufficient grounds to dismiss the action and the related action. Any party to this action or the related action, other than plaintiff, may file a statement, as described in paragraph (2), or appear at the hearing set in paragraph (1), to argue why this action and the related action should not be dismissed.

IT IS SO ORDERED. September 15, 2008 _________________________________ Saundra Brown Armstrong United States District Judge

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA WHITE et al, Plaintiff, v. GREENWICH INVESTORS XXVI, LLC et al, Defendant. /

Case Number: CV08-02013 SBA CERTIFICATE OF SERVICE

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 September 16, 2008, 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.

Babatunde White 1644 Cipriani Place Brentwood, CA 94513 Dated: September 16, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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