Suntay v. BAC Home Loans Servicing, LP

Filing 24

ORDER GRANTING DEFENDANT'S 23 MOTION FOR ADMINISTRATIVE RELIEF PURSUANT TO CIVIL LOCAL RULE 7-11. Signed by Judge Edward J. Davila on 5/24/2011. (ejdlc1, COURT STAFF) (Filed on 5/24/2011) (Additional attachment(s) added on 5/24/2011: # 1 Certificate of Service) (ecg, COURT STAFF). Modified text to create linkage on 5/24/2011 (ecg, COURT STAFF).

Bryan Cave LLP
Two Embarcadero Center, Suite 1410
201 Clay Street
San Francisco, CA 94111-3907

1 BRYAN CAVE LLP
Ori Edelstein, Bar No.: 268145
2 Sean T. Carter, Bar No.: 206365
Two Embarcadero Center, Suite 1410
3 San Francisco, CA 94111-3907
Telephone:
[phone]
[phone]
4 Facsimile:
E-Mail:
[e-mail]
[e-mail]
5
6 BRYAN CAVE LLP
Stuart W. Price, California Bar No. 125918
7 3161 Michelson Drive, Suite 1500
Irvine, California 92612-4414
[phone]
8 Telephone:
Facsimile:
[phone]
9
Attorneys for Defendant
10 BAC HOME LOANS SERVICING, LP
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

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15 CHADWICK SUNTAY,

Case No. 5:10-cv-05843-EJD

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[PROPOSED] ORDER GRANTING
DEFENDANT’S MOTION FOR
ADMINISTRATIVE RELIEF PURSUANT
TO CIVIL L.R. 7-11

Plaintiff,

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v.

18 BAC HOME LOANS SERVICING, LP
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Defendants.
Date:
Time:
Courtroom:
Judge:

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May 20, 2011
N/A
1, 5th Floor
Hon. Edward J. Davila

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SF01DOCS #:33064v1

[PROPOSED] ORDER, NO. 5:10-CV-05843 EJD

[PROPOSED] ORDER

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The Court has read and considered Defendant BAC Home Loans Servicing, LP’s Motion

3 for Administrative Relief Pursuant to Civil L.R. 7-11 (“Motion”). Because Plaintiff was directed
4 to file a first amended complaint on April 13, 2011 and, as of today’s date, has yet to comply with
5 the Court’s order, the Court finds that Good cause appears for the Motion.
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IT IS HEREBY ORDERED THAT:

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[This case is DISMISSED with PREJUDICE. Judgment shall be entered in favor of

8 Defendant BAC HOME LOANS SERVICING, LP and Plaintiff shall take nothing by his

Bryan Cave LLP
Two Embarcadero Center, Suite 1410
201 Clay Street
San Francisco, CA 94111-3907

9 Complaint against Defendant.]
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[Defendant’s Motion for Failure to Prosecute Pursuant to Rule 41(b) filed on 5/20/11 and

July 1
11 previously set to be heard on October 28, 2011, will be reset and heard on ______________, 2011
th
9:00
12 at _____ a.m./p.m. in Courtroom 1, 5 Floor.] Any opposition or reply papers shall be filed
in accordance with Civil Local Rule 7-3.
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May 24, 2011
16 Dated: _______________________

____________________________________
Hon. Edward J. Davila
United States District Court
Northern District of California

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SF01DOCS #:33064v1

[PROPOSED] ORDER, NO. C 10-05843 EJD