Ally Bank et al v. Wells Fargo Bank, N.A.

Filing 305

ORDER TO SHOW CAUSE AND CONTINUING COMPLIANCE HEARING Order to Show Cause Hearing set for 12/7/2012 09:01 AM. Show Cause Response due by 11/30/2012. Compliance Hearing is also set for 12/7/2012 09:01 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers.. Signed by Judge Yvonne Gonzalez Rogers on 11/16/12. (fs, COURT STAFF) (Filed on 11/16/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALLY BANK, FIDELITY NATIONAL TITLE
INSURANCE COMPANY, ET AL.,

Northern District of California

United States District Court

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Plaintiffs,

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Case No.: 11-CV-896 YGR
ORDER TO SHOW CAUSE AND CONTINUING
COMPLIANCE HEARING

vs.
JAMES C. CASTLE AKA J. CHRISTOPHER
CASTLE, ET AL.,
Defendants.

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At the Case Management conference held October 22, 2012, the Court ordered Plaintiffs’

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counsel to “submit [a] statement by 11/9/12 regarding service of the 5 unserved defendants” and set a

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compliance hearing on November 16, 2012. (See Minutes, Dkt No. 281.) Plaintiffs’ counsel failed

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to file a statement by November 9, 2012, and failed to appear at the compliance hearing.

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Therefore, BRUCE A. MCINTOSH, COUNSEL FOR PLAINTIFFS, is HEREBY ORDERED TO

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SHOW CAUSE why he should not be sanctioned for failure to comply with this Court’s Order of

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October 22, 2012.

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A hearing on this Order to Show Cause will be held on Friday, December 7, 2012, on the

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Court’s 9:01a.m. Calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in

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Courtroom 5.

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Plaintiff’s counsel must file a written response to this Order to Show Cause no later than

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November 30, 2012, and must personally appear at the hearing. Neither a special appearance nor a

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telephonic appearance will be permitted. Failure to file a written response or to appear personally

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will be deemed an admission that no good cause exists for Plaintiff’s counsel’s failure to comply

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with the Court’s October 22, 2012 Order and that the imposition of monetary sanctions is

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appropriate.

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In addition, the compliance hearing set for November 16, 2012, is CONTINUED to December

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7, 2012, at 9:01 a.m. Plaintiff’s counsel shall file a status report regarding service of Defendants

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George Larsen, CF Escrow and Bug Realty, setting forth whether service of process has been
accomplished and, if not, the efforts Plaintiff has made and the how much additional time Plaintiff

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United States District Court
Northern District of California

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seeks to complete service of these Defendants. Such status report shall be filed no later than

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November 30, 2012.
If the Court is satisfied with the written response and status report, it may elect to vacate the
hearing.
IT IS SO ORDERED.

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Dated: November 16, 2012

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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