Snyder v. Bank of America, N.A. et al
Filing
278
ORDER TO SHOW CAUSE RE ISSUANCE OF A FINAL JUDGMENT AS TO NATIONSTAR. Show Cause Response due by 8/3/2020. Signed by Judge Kandis A. Westmore on 7/20/20. (dtmS, COURT STAFF) (Filed on 7/20/2020)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
PAMELA MARIE SNYDER,
Plaintiff,
8
9
10
United States District Court
Northern District of California
11
Case No. 15-cv-04228-KAW
v.
BANK OF AMERICA, N.A., et al.,
ORDER TO SHOW CAUSE RE
ISSUANCE OF A FINAL JUDGMENT
AS TO NATIONSTAR
Defendants.
12
13
On January 26, 2018, Judge Laporte granted Defendant Nationstar Mortgage, LLC’s
14
(“Nationstar”) motion for summary judgment. (Dkt. No. 151 at 1.) At that time, final judgment
15
was not entered in favor of Defendant Nationstar and against Plaintiff Pamela Snyder.
16
On July 14, 2020, Plaintiff stated that she intended to appeal the January 26, 2018 order
17
granting summary judgment to Defendant Nationstar. Per Federal Rule of Civil Procedure 54(b),
18
“[w]hen an action presents more than one claim for relief . . . or when multiple parties are
19
involved, the court may direct entry of a final judgment as to one or more, but fewer than all,
20
claims or parties only if the court expressly determines that there is no just reason for delay.”
21
In the instant case, while a Rule 54(b) motion has not been filed, there does not appear to
22
be a just reason for delaying the entry of a final judgment in favor of Defendant Nationstar. See
23
Certain Interested Underwriters at Lloyd’s v. Bear, Case No. 15-cv-630-BTM-BLM, 2018 U.S.
24
Dist. LEXIS 141970, at *7 (S.D. Cal. Aug. 21, 2018) (observing that the court could sua sponte
25
certify a judgment as final). Further, Plaintiff has expressed a desire to appeal the summary
26
judgment order, and the rest of the case is unlikely to be resolved in a timely manner due to the
27
ongoing COVID-19 public health emergency.
28
Accordingly, the Court ORDERS all parties to show cause, within 14 days of the date of
1
2
3
this order, why the Court should not enter final judgment in favor of Defendant Nationstar.
IT IS SO ORDERED.
Dated: July 20, 2020
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
4
5
6
7
8
9
10
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?