Sims et al v. Wells Fargo Home Mortgage
Filing
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ORDER TO SHOW CAUSE. Show Cause Response due by 4/20/2012. Signed by Magistrate Judge Donna M. Ryu on 4/10/2012. (hlkS, COURT STAFF) (Filed on 4/10/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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MICHAEL SIMS, et al.,
No. C 11-04768 YGR (DMR)
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Plaintiffs,
ORDER TO SHOW CAUSE
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v.
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WELLS FARGO HOME MORTGAGE, et al.,
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Defendants.
___________________________________/
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This matter was referred to the undersigned to conduct a settlement conference by no later
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than April 30, 2012. See February 3, 2012 Order of Reference to Magistrate Judge for Settlement
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Conference. By order entered February 10, 2012, a settlement conference was set for April 10, 2012
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at 10:00 a.m. before this court. The court’s order requires personal attendance at the settlement
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conference by all parties, and states, “Pro se parties must attend the conference in person.”
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February 10, 2012 Notice of Settlement Conference and Settlement Conference Order at 4. The
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order also requires the parties to submit to the court (1) an Exchanged Settlement Conference
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Statement; and (2) a Confidential Settlement Letter, no later than ten days before the settlement
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conference. Id. at 2.
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On April 9, 2012, Plaintiff Michael Sims called the court’s staff seeking continuance of the
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settlement conference due to medical or physical incapacity. Plaintiff was instructed that any
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request for continuance must be submitted in writing and supported by a physician’s letter
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confirming Plaintiff’s medical limitations. As of April 10, 2012, Plaintiff had not filed, or emailed
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to the court’s proposed order email address, a request for continuance.
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On April 10, 2012, the court held the settlement conference as ordered in this action. Neither
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Plaintiff Michael Sims nor Plaintiff Sudie Sims appeared for the settlement conference, and the court
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did not excuse either Plaintiff from the personal attendance requirement. Plaintiffs also failed to
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submit the required settlement conference statement and confidential letter to the court.
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IT IS HEREBY ORDERED that Plaintiffs Michael Sims and Sudie Sims show cause by
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filing a written statement explaining in detail why they failed to submit a settlement conference
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statement and letter, and why they failed to appear at the court-ordered settlement conference.
Plaintiffs must respond to the order to show cause by no later than April 20, 2012, by lodging, not
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For the Northern District of California
United States District Court
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filing, their written response addressed to Magistrate Judge Donna M. Ryu, U.S. District Court,
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1301 Clay Street, Oakland, California 94612. Plaintiffs must serve a copy of their written show
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cause response to Defendants’ attorney, and must provide a proof of service to the court.
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Plaintiffs’ failure to submit a response to the order to show cause may result in sanctions.
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IT IS SO ORDERED.
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Dated: April 10, 2012
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DONNA M. RYU
United States Magistrate Judge
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