Vasquez et al v. Home Loan Services, Inc. et al

Filing 53

ORDER re 33 Received Default Judgment as to defendant Kathleen Jackson by Francisco Vasquez, Jose Vasquez, 50 Consent to Proceed Before a US Magistrate Judge filed by Francisco Vasquez, 51 Letter filed by Francisco Vasquez, Jose Vasquez, 52 Objection filed by Francisco Vasquez, Jose Vasquez. Signed by Judge Edward J. Davila on September 13, 2011. (ejdlc4, COURT STAFF) (Filed on 9/13/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
NO. CV 11-01701 EJD

FRANCISCO VASQUEZ, ET AL.,

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ORDER TERMINATING: (1)
APPLICATION FOR DEFAULT
JUDGMENT; (2) CONSENT TO
PROCEED BEFORE MAGISTRATE
JUDGE; (3) REQUEST TO HAVE PACER
NUMBER ASSIGNED; AND (4) MOTION
OPPOSING OBJECTION

Plaintiff(s),
v.

For the Northern District of California

United States District Court

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HOME LOAN SERVICES INC.,
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Defendant(s).
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/

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On July 12, 2011, the Court dismissed this case without prejudice and directed the clerk to

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close the file. (See Docket Item No. 27, hereafter “Dismissal”.) That same day, the clerk of the

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court terminated and closed the case. (See Docket.)

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Despite the Court’s Dismissal and closure of the case, Plaintiffs filed the following
documents before the Court, requesting various forms of relief:
Filing Date

Docket
Item No.

07/20/2011

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Default Judgment as to defendant Kathleen Jackson by
Francisco Vasquez, Jose Vasquez

09/07/2011

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Consent to Proceed Before a US Magistrate Judge and
[Proposed] Order

09/07/2011

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Letter from Francisco Vasquez requesting court to intervene
to consider having the pacer assigned

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Title of Motion

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NO. CV 11-01701 EJD
ORDER TERMINATING: (1) APPLICATION FOR DEFAULT JUDGMENT; (2) CONSENT TO PROCEED BEFORE
MAGISTRATE JUDGE; (3) REQUEST TO HAVE PACER NUMBER ASSIGNED; AND (4) MOTION OPPOSING
OBJECTION

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09/07/2011

52

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Motion opposing the Objection dated 9/6/11 to subpoena to
produce documents

The Court considers this case closed as of July 12, 2011. Thus, the Court will terminate

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all motions or other requests for relief unless and until this case is re-opened by further order

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of this Court or the Court of Appeals.1

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Each of Plaintiffs’ pending requests for relief was untimely filed after this case was

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dismissed and closed, and is therefore improperly before the Court. Accordingly, the Court:

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1) TERMINATES Default Judgment as to defendant Kathleen Jackson by Francisco

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For the Northern District of California

United States District Court

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Vasquez, Jose Vasquez (Docket Item No. 33);
2) TERMINATES Consent to Proceed Before a US Magistrate Judge and [Proposed] Order
(Docket Item No. 50);
3) TERMINATES Letter from Francisco Vasquez requesting court to intervene to consider
having the pacer assigned (Docket Item No. 51); and
4) TERMINATES Motion opposing the Objection dated 9/6/11 to subpoena to produce
documents (Docket Item No. 52).

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IT IS SO ORDERED.

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Dated: September 13, 2011
EDWARD J. DAVILA
United States District Judge

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On July 13, 2011 and August 11, 2011, Plaintiffs filed Notices of Appeal regarding the
Court’s Dismissal. (See Docket Item Nos. 28 and 42.)
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NO. CV 11-01701 EJD
ORDER TERMINATING: (1) APPLICATION FOR DEFAULT JUDGMENT; (2) CONSENT TO PROCEED BEFORE
MAGISTRATE JUDGE; (3) REQUEST TO HAVE PACER NUMBER ASSIGNED; AND (4) MOTION OPPOSING
OBJECTION