Mohanna v. Bank of America, N.A.

Filing 26

ORDER TO SHOW CAUSE AS TO WHY CASE SHOULD NOT BE DISMISSED. Show Cause Response due by 5/19/2017. Signed by Judge Haywood S. Gilliam, Jr. on 4/21/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 4/21/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KEYHAN MOHANNA, Plaintiff, 8 v. 9 10 ORDER TO SHOW CAUSE AS TO WHY CASE SHOULD NOT BE DISMISSED BANK OF AMERICA, N.A., Defendant. 11 United States District Court Northern District of California Case No. 16-cv-01033-HSG 12 On June 9, 2016, Pro Se Plaintiff Keyhan Mohanna (“Plaintiff”) filed a motion for default 13 judgment pursuant to Federal Rule of Civil Procedure 55(b)(2). Dkt. No. 17. On March 14, 2017, 14 the Court denied Plaintiff’s motion for default judgment, largely because the Court found that 15 Plaintiff’s TILA rescission claim as pled was time-barred. See Dkt. No. 25 at 7. 16 When presented with an inadequately pled complaint, the Court may note deficiencies in 17 the complaint on its own initiative and sua sponte dismiss it for failure to state a claim under 18 FRCP 12(b)(6). See Wong v. Bell, 642 F.2d 359, 361 (9th Cir. 1981). Generally, the Court must 19 give prior notice of its intention to dismiss and allow Plaintiff an opportunity to oppose the 20 dismissal, unless the Plaintiff “cannot possibly win relief.” Id. at 362. Courts in this circuit have 21 sua sponte dismissed other time-barred TILA claims. See Sotanski v. HSBC Bank USA, Nat’l 22 Assoc., No. 15-CV-01489, 2015 WL 4760506, at *6 (N.D. Cal. Aug. 12, 2015) (citing multiple 23 cases within the Ninth Circuit dismissing time-barred TILA claims sua sponte), aff’d, No. 15- 24 16798, 2016 WL 7407292, at *1 (9th Cir. 2016). 25 // 26 // 27 // 28 // 1 Because the Court finds that this action is facially time-barred, sua sponte dismissal may 2 be warranted. See Sotanski, 2015 4760506 at *6. The Court thus ORDERS Plaintiff to show 3 cause by May 19, 2017 why the Court should not sua sponte dismiss this action. 4 5 6 7 IT IS SO ORDERED. Dated: 4/21/2017 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 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

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