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)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 INOCENCIO PEREZ, Plaintiff, v. CITIMORTGAGE, INC; QUALITY LOAN SERVICE CORP., Defendants. 15 16 ) ) ) ) ) ) ) ) ) ) ) Case No.: 10-CV-05675-LHK ORDER REQUIRING PLAINTIFF TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED 17 On December 14, 2010, Plaintiff filed a Complaint alleging various causes of action in 18 connection with a loan on property located at 10330 Athene Drive, San Jose, California 95127. 19 See Compl., ECF No. 1. Defendant Citimortgage has moved to dismiss all causes of action in the 20 Complaint. The hearing on this motion is set for April 28, 2011. Therefore, Plaintiff’s opposition 21 to the motion was due on April 7, 2011. See Civ. L.R. 7-3. As of the date of this Order, Plaintiff 22 has filed no opposition, or statement of nonopposition, in violation of Civil Local Rule 7-3. In 23 addition, Plaintiff failed to file a consent or declination to proceed before the Magistrate Judge by 24 February 6, 2011, as ordered by Magistrate Judge Grewal on January 31, 2011. See Order Setting 25 Deadline, ECF No. 12. 26 The Court hereby orders Plaintiff to show cause why this matter should not be dismissed 27 for failure to prosecute. By 5:00 p.m., Wednesday, April 27, 2011, Plaintiff shall submit a 28 response demonstrating why the matter should not be dismissed. This Order does not constitute 1 Case No.: 10-CV-05675-LHK ORDER REQUIRING PLAINTIFF TO SHOW CAUSE 1 permission to file a late opposition to the pending motion. Failure to respond will result in 2 dismissal. The April 28, 2011, 1:30 p.m. hearing on the motions to dismiss remains as set. 3 IT IS SO ORDERED. 4 5 Dated: April 18, 2011 _________________________________ LUCY H. KOH United States District Judge 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 10-CV-05675-LHK ORDER REQUIRING PLAINTIFF TO SHOW CAUSE

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?