Ally Bank et al v. Wells Fargo Bank, N.A.
Filing
859
ORDER TO SHOW CAUSE RE: DISMISSAL OF CROSS-CLAIMS OF PEARSON PROPERTIES INC. DBA PRUDENTIAL CALIFORNIA REALTY. Show Cause Response due by 10/13/2015. Signed by Judge Yvonne Gonzalez Rogers on 9/23/15. (fs, COURT STAFF) (Filed on 9/23/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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FIDELITY NATIONAL TITLE INSURANCE
COMPANY, et al,
Plaintiffs,
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Northern District of California
United States District Court
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Case No.: 11-CV-896 YGR
ORDER TO SHOW CAUSE RE: DISMISSAL OF
CROSS-CLAIMS OF PEARSON PROPERTIES,
INC. DBA PRUDENTIAL CALIFORNIA REALTY
vs.
JAMES C. CASTLE AKA J. CHRISTOPHER
CASTLE, et al,
Defendants.
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TO CROSS-COMPLAINANT PEARSON PROPERTIES, INC. DBA PRUDENTIAL CALIFORNIA
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REALTY AND ITS COUNSEL OF RECORD:
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You are ORDERED TO SHOW CAUSE why your cross-complaint against cross-defendants
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Dabelich & Dabelich dba Round Up Realty, and Zelimir Dabelich should not be dismissed. You are
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directed to file a written response concerning the status of the claims and your plan for resolution of
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the claims no later than October 13, 2015. Failure to file a written response by that date will result in
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dismissal of your cross-claims against cross-defendants Dabelich & Dabelich dba Round Up Realty,
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and Zelimir Dabelich (collectively, “the Dabeliches”).
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The Court has issued two orders requiring cross-complainant Pearson Properties Inc. dba
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Prudential California Realty (“Prudential”) to update the Court as to the status of its cross-complaint
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against the Dabeliches. (Dkt. No. 819, 825.) Prudential has failed to respond to either order.
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Prudential sought and was granted entry of default as to the Dabeliches. (Dkt. Nos. 537, 540,
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547.) Zelimir Dabelich filed a “Notice of Conditional Acceptance and Offer to Settle” on November
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25, 2013. (Dkt. No. 556.) Prudential filed no response to that Notice.
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Although Prudential has dismissed other cross-defendants (see Dkt. Nos. 790, 799), no
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dismissal or default judgment motion has been filed by Prudential as to the Dabeliches. Prudential
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has dismissed all other cross-defendants (see Dkt. Nos. 790, 799).
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Absent some indication that Prudential intends to pursue its claims against these defaulted
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cross-defendants, the Court will dismiss the cross-claims against the Dabeliches for failure to
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prosecute.
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IT IS SO ORDERED.
Date: September 23, 2015
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____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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Northern District of California
United States District Court
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