Perez v. Citimortgage Inc. et al

Filing 19

ORDER TO SHOW CAUSE. Show Cause Response due by 4/27/2011. Signed by Judge Koh on 4/18/2011. (Attachments: # 1 Certificate of mailing)(lhklc1, COURT STAFF) (Filed on 4/18/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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INOCENCIO PEREZ,
Plaintiff,
v.
CITIMORTGAGE, INC; QUALITY LOAN
SERVICE CORP.,
Defendants.

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Case No.: 10-CV-05675-LHK
ORDER REQUIRING PLAINTIFF TO
SHOW CAUSE WHY CASE SHOULD
NOT BE DISMISSED

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On December 14, 2010, Plaintiff filed a Complaint alleging various causes of action in

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connection with a loan on property located at 10330 Athene Drive, San Jose, California 95127.

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See Compl., ECF No. 1. Defendant Citimortgage has moved to dismiss all causes of action in the

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Complaint. The hearing on this motion is set for April 28, 2011. Therefore, Plaintiff’s opposition

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to the motion was due on April 7, 2011. See Civ. L.R. 7-3. As of the date of this Order, Plaintiff

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has filed no opposition, or statement of nonopposition, in violation of Civil Local Rule 7-3. In

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addition, Plaintiff failed to file a consent or declination to proceed before the Magistrate Judge by

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February 6, 2011, as ordered by Magistrate Judge Grewal on January 31, 2011. See Order Setting

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Deadline, ECF No. 12.

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The Court hereby orders Plaintiff to show cause why this matter should not be dismissed

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for failure to prosecute. By 5:00 p.m., Wednesday, April 27, 2011, Plaintiff shall submit a

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response demonstrating why the matter should not be dismissed. This Order does not constitute
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Case No.: 10-CV-05675-LHK
ORDER REQUIRING PLAINTIFF TO SHOW CAUSE

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permission to file a late opposition to the pending motion. Failure to respond will result in

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dismissal. The April 28, 2011, 1:30 p.m. hearing on the motions to dismiss remains as set.

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IT IS SO ORDERED.

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Dated: April 18, 2011

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 10-CV-05675-LHK
ORDER REQUIRING PLAINTIFF TO SHOW CAUSE