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

Filing 63

ORDER TO SHOW CAUSE REGARDING PLAINTIFF'S FAILURE TO COMPLY WITH THE COURT'S STANDING ORDER IN CIVIL CASES; AUTHORIZING DEFENDANT TO FILE MOTION FOR SUMMARY JUDGMENT. Order to Show Cause Hearing set for Friday, 8/26/2016 09:01 AM. Show Cause Response due by 8/19/2016. Signed by Judge Yvonne Gonzalez Rogers on 8/17/16. (fs, COURT STAFF) (Filed on 8/17/2016)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

MELVIN SMITH,

Case No. 15-cv-01779-YGR

Plaintiff,
9
v.
10
11

WELLS FARGO BANK, N.A., ET AL.,

United States District Court
Northern District of California

Defendants.
12

ORDER TO SHOW CAUSE REGARDING
PLAINTIFF'S FAILURE TO COMPLY WITH
THE COURT'S STANDING ORDER IN CIVIL
CASES; AUTHORIZING DEFENDANT TO FILE
MOTION FOR SUMMARY JUDGMENT
Re: Dkt. No. 62

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

TO PLAINTIFF AND HIS COUNSEL OF RECORD:
Counsel for the above-named party is hereby ORDERED TO SHOW CAUSE why they should
not be sanctioned in the amount of $200.00 for failing to comply with this Court’s Standing Order
in Civil Cases (“Standing Order”) regarding Pre-filing Conferences for Summary Judgment
Motions.
The Court’s Standing Order states at Section 9(a): “Within three (3) business days after
receipt of the [moving party’s] letter, any adversary wishing to oppose the motion must file a
written response addressing the substance of the moving party’s letter, with a copy to Chambers
and the moving party. This response shall also be limited to three single-spaced pages, including
any attached exhibits or supporting papers.”
Defendant Wells Fargo Bank, N.A. filed its pre-filing conference letter on August 10,
2016, and offered two dates for a pre-filing conference. (Dkt. No. 62.) To date, plaintiff has
failed to file a response to that letter.
A hearing on this Order to Show Cause shall be held on Friday, August 26, 2016 at 9:01
a.m., in the Federal Courthouse, 1301 Clay Street, Oakland, California, Courtroom 1. By Friday,

1

August 19, 2016, Counsel must file a written response to this Order to Show Cause explaining

2

counsel’s failure to comply with the Court’s Standing Order. Failure to comply will be deemed a

3

concession that sanctions are appropriate. If the Court is satisfied with the written response, the

4

hearing on this Order to Show Cause may be vacated.

5

The Court AUTHORIZES defendant to file its proposed motion.

6
7
8
9
10

IT IS SO ORDERED.
Dated: August 17, 2016
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2