Candido et al v. Downey Savings and Loan Association, F.A. et al

Filing 10

ORDER TO SHOW CAUSE: Order to Show Cause Hearing set for 1/13/2010 09:30 AM. Show Cause Response due by 1/6/2010. Signed by Judge Richard Seeborg on 11/16/09. (rslc2, COURT STAFF) (Filed on 11/16/2009)

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*E-Filed 11/16/09*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JONA CANDIDO, v. Plaintiff, No. C 09-00919 RS ORDER TO SHOW CAUSE

United States District Court

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For the Northern District of California

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DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.; CENTRAL MORTGAGE COMPANY, d/b/a CENTRAL MORTGAGE LOAN FINANCIAL, d/b/a TRUSTEE CORPS; and DOES 1 to 100, inclusive, Defendants. ____________________________________/ In March 2009, plaintiffs Jona and Wilfredo S. Candido, acting pro se, filed a complaint against defendants Downey Savings and Loan Association, F.A.; Central Mortgage Company, d/b/a Central Mortgage Loan Servicing Company; and MTC Financial, d/b/a Trustee Corps. Plaintiffs did not serve the summons and complaint on defendants, and the summons expired. The Court held a show cause hearing on August 12, 2009, at which plaintiff Jona Candido appeared and filed an amended complaint. The amended complaint dropped plaintiff Wilfredo Candido and defendant MTC Financial. The Court directed Jona Candido, the remaining plaintiff, to return the expired summons so that a new one could be issued. Ms. Candido has not done so, nor has she taken any other actions in the case. 1
NO. C 0900919 RS ORDER TO SHOW CAUSE

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No later than January 6, 2010, Ms. Candido is directed to file a declaration showing cause why her case should not be summarily dismissed for failure to prosecute. Should she fail to provide adequate assurances that the case is proceeding with all due speed, a show cause hearing will take place on January 13, 2010, in Courtroom 4, 5th Floor, United States Courthouse, 280 South First Street, San Jose, California. Ms. Candido's failure to appear may result in summary dismissal.

IT IS SO ORDERED. Dated:
11/16/09

United States District Court

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For the Northern District of California

RICHARD SEEBORG
UNITED STATES MAGISTRATE JUDGE

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NO. C 0900919 RS ORDER TO SHOW CAUSE

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THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO: Jona Candido 1215 Spokane Drive San Jose, CA 95122

DATED: 11/16/09 /s/ Chambers Staff Chambers of Magistrate Judge Richard Seeborg

United States District Court

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For the Northern District of California

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NO. C 0900919 RS ORDER TO SHOW CAUSE