Sims et al v. Wells Fargo Home Mortgage

Filing 38

ORDER. Signed by Magistrate Judge Donna M. Ryu on 5/3/2012. (hlkS, COURT STAFF) (Filed on 5/3/2012)

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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,

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Plaintiff(s),

No. C-11-04768 YGR (DMR)
ORDER

v.

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WELLS FARGO HOME MORTGAGE,

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Defendant(s).
___________________________________/

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The court scheduled an April 10, 2012 settlement conference in this matter. The scheduling

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order required all parties to submit certain settlement materials, as well as to make a personal

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appearance at the settlement conference. Plaintiffs Michael Sims and Sudie Sims did not submit

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settlement statements, nor did they appear at the April 10 conference. As a result, the court ordered

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Plaintiffs to show cause by filing a written statement by no later than April 20, 2012 explaining

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these failures. (Docket No. 28).

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The court subsequently engaged in telephonic settlement discussions with Michael Sims, as

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well as with counsel for Defendant. The court explained to Mr. Sims that Plaintiffs were not

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excused from making a timely response to the court's order to show cause; nevertheless, Plaintiffs

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failed to file a response. On April 30, 2012, Defendant filed a Notice of Non-Compliance,

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requesting terminating sanctions.

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The court does not recommend terminating sanctions as a remedy for the violations that are

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the subject of this order. However, the court admonishes Plaintiffs for their failure to follow two

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direct court orders (the settlement conference scheduling order, as well as the order to show cause),

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and notes that Plaintiffs' behavior is indicative of a failure to prosecute their case.

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IT IS SO ORDERED.

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Dated: May 3, 2012
DONNA M. RYU
United States Magistrate Judge

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For the Northern District of California

United States District Court

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