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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 FIDELITY NATIONAL TITLE INSURANCE COMPANY, et al, Plaintiffs, 9 10 11 Northern District of California United States District Court 12 13 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. 14 TO CROSS-COMPLAINANT PEARSON PROPERTIES, INC. DBA PRUDENTIAL CALIFORNIA 15 REALTY AND ITS COUNSEL OF RECORD: 16 You are ORDERED TO SHOW CAUSE why your cross-complaint against cross-defendants 17 Dabelich & Dabelich dba Round Up Realty, and Zelimir Dabelich should not be dismissed. You are 18 directed to file a written response concerning the status of the claims and your plan for resolution of 19 the claims no later than October 13, 2015. Failure to file a written response by that date will result in 20 dismissal of your cross-claims against cross-defendants Dabelich & Dabelich dba Round Up Realty, 21 and Zelimir Dabelich (collectively, “the Dabeliches”). 22 The Court has issued two orders requiring cross-complainant Pearson Properties Inc. dba 23 Prudential California Realty (“Prudential”) to update the Court as to the status of its cross-complaint 24 against the Dabeliches. (Dkt. No. 819, 825.) Prudential has failed to respond to either order. 25 Prudential sought and was granted entry of default as to the Dabeliches. (Dkt. Nos. 537, 540, 26 547.) Zelimir Dabelich filed a “Notice of Conditional Acceptance and Offer to Settle” on November 27 25, 2013. (Dkt. No. 556.) Prudential filed no response to that Notice. 28 1 Although Prudential has dismissed other cross-defendants (see Dkt. Nos. 790, 799), no 2 dismissal or default judgment motion has been filed by Prudential as to the Dabeliches. Prudential 3 has dismissed all other cross-defendants (see Dkt. Nos. 790, 799). 4 Absent some indication that Prudential intends to pursue its claims against these defaulted 5 cross-defendants, the Court will dismiss the cross-claims against the Dabeliches for failure to 6 prosecute. 7 IT IS SO ORDERED. Date: September 23, 2015 8 9 ____________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 10 11 Northern District of California United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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