Vista Funding Inc. et al v. Dunham et al

Filing 25

ORDER TO SHOW CAUSE RE: DISMISSAL OR IDENTIFICATION OF COUNSEL; VACATING HEARING ON MOTIONS. The Court VACATES the hearing Defendants various motions to dismiss and to strike ( 5 , 9 , 15 , 16 , 19 , 20 , 22 ) currently scheduled for 2/9/2009. The Court will set a new hearing date, if necessary, following the hearing on the Order to Show Cause. Show Cause Response due by 2/13/2009. Order to Show Cause Hearing set for 2/23/2009 09:00 AM. Please see Order for further specifics. Signed by Judge James Ware on 1/28/2009. (ecg, COURT STAFF) (Filed on 1/28/2009) Modified docket text on 1/29/2009 (ecg, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 Vista Funding Inc., v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-04919 JW ORDER TO SHOW CAUSE RE: DISMISSAL OR IDENTIFICATION OF COUNSEL; VACATING HEARING ON MOTIONS /

United United States District Court

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For the Northern District of California

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Jeffrey A. Dunham, et al., Defendants.

The Plaintiff in this action is Vista Funding Inc. ("Vista"), a corporation. (See Notice of Removal, Ex. A at 2, hereafter, "Complaint," Docket Item No. 1.) Vista is represented by its owner, Tara D. Bonelli, who is not a member of the bar of any state.1 (Complaint at 2.) Under Civ. L.R. 3-9(b), "[a] corporation, unincorporated association, partnership or other such entity may appear only through a member of the bar of this Court." Accordingly, the Court ORDERS Plaintiff to appear on February 23, 2009 at 9 a.m. for identification of counsel or to show cause why this action should not be dismissed for failure to obtain representation pursuant to Civ. L.R. 3-9(b). On or before February 13, 2009, Plaintiff shall file and serve a response to this Order and provide the Court with an explanation as to its failure to obtain representation as required by the Court's Local Rules. Plaintiff shall also file and serve Notice of Substitute Counsel and identify a qualified counsel under the Civil Local Rules to represent it in this litigation. Failure to comply with

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Ms. Bonelli explicitly states that she is a "non-attorney." (Complaint at 2.)

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any part of this Order may result in dismissal pursuant to Fed. R. Civ. P. 41(b), which is a dismissal on the merits, or other forms of sanctions. In light of this Order, the Court VACATES Defendants' various motions to dismiss and to strike currently scheduled for February 9, 2009. (See Docket Item Nos. 5, 9, 15, 16, 19, 20, 22.) The Court will set a new hearing date, if necessary, following the hearing on the Order to Show Cause.

Dated: January 28, 2009

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Caleb Sequoia Baskin [e-mail] Jason Michael Heath [e-mail] Jonathan Unruh Lee [e-mail] Kathryn Anne Martin [e-mail] Vista Funding Inc. 631 Quail Run Rd Aptos, Ca 95003 Dated: January 28, 2009 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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