Myrette-Crosley v. Clarion Mortgage Capital, Inc. et al

Filing 14

ORDER ON PLAINTIFFS FAILURE TO RESPOND TO FDICS MOTION FOR SUBSTITUTION AND REQUEST FOR STAY. Signed by Judge Claudia Wilken on 11/2/2010. (ndr, COURT STAFF) (Filed on 11/2/2010)

Myrette-Crosley v. Clarion Mortgage Capital, Inc. et al

Doc. 14

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On October 12, 2010, the Federal Deposit Insurance Corporation (FDIC), as Receiver for Defendant IndyMac Federal Bank, F.S.B., moved to substitute itself for IndyMac in this action. In addition v. CLARION MORTGAGE CAPITAL, INC., et al., Defendants. / FAYE MYRETTE-CROSLEY, Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 10-03523 CW ORDER ON PLAINTIFF'S FAILURE TO RESPOND TO FDIC'S MOTION FOR SUBSTITUTION AND REQUEST FOR STAY

to the substitution, the FDIC asked the Court to stay this case for ninety days, pursuant to 12 U.S.C. § 1821(d)(12)(A). The FDIC made

a separate motion, requesting a refund of its filing fee. The motion for substitution and request for a stay was noticed for hearing on November 18, 2010, which required Plaintiff Faye Myrette-Crosley to file an opposition or a statement of nonopposition by October 28, 2010. filed neither. Within three days of the date of this Order, Plaintiff shall file an opposition or a statement of non-opposition to the FDIC's motion for substitution and request for a stay. If she fails to do Civil L.R. 7-3(a)-(b). Plaintiff

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so, any claims she has against IndyMac and, by extension, the FDIC will be dismissed for failure to prosecute. Any reply, if

necessary, shall be due seven days after Plaintiff files an opposition. The FDIC's requests for substitution, stay and refund of filing fees, all set for hearing on November 18, 2010, will be taken under submission on the papers. The initial case management

conference, set for November 23, 2010, is VACATED, to be re-set if necessary. IT IS SO ORDERED.

Dated:

11/2/2010

CLAUDIA WILKEN United States District Judge

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