Moreno v. NovaStar Home Mortgage, Inc. et al
Filing
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ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 1/26/2012 01:30 PM. Show Cause Response due by 1/19/2012. Signed by Judge Lucy H. Koh on 1/11/2012. (Attachments: # 1 Certificate of Mailing)(lhklc2, COURT STAFF) (Filed on 1/11/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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SAN JOSE DIVISION
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DANIEL T. MORENO, an individual,
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Plaintiff,
v.
NOVASTAR HOME MORTGAGE, INC.,
QUALITY LOAN SERVICES, CALWESTERN RECONVEYANCE
CORPORATION, MERS, and WACHOVIA
MORTGAGE,
Defendants.
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Case No.: 5:11-CV-04780-LHK
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE
Plaintiff Daniel Moreno filed a complaint in state court on August 26, 2011, which
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Defendant Wachovia Mortgage then removed to federal court on September 26, 2011. See ECF
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No. 1. October 3, 2011, Wachovia Mortgage filed a Motion to Dismiss all four claims alleged in
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the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon
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which relief can be granted. See ECF No. 6. Pursuant to Civil Local Rule 7-3(a), Plaintiffs’
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opposition to the motion to dismiss was due on October 17, 2011. Plaintiffs have not filed an
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opposition or statement of nonopposition to Defendant’s motion to dismiss. Moreover, based on
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the docket, it is not clear that Defendants Novastar Home Mortgage, Inc., Quality Loan Services,
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Cal-Western Reconveyance Corp., MERS, and Wachovia Mortgage have been served in this case.
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Case No.: 11-cv-04780-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE
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The hearing on the motion to dismiss and the case management conference set for January
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26, 2012 are VACATED. The Court hereby ORDERS Plaintiff to show cause why this case
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should not be dismissed for failure to prosecute. This Order does not authorize Plaintiff to file an
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untimely opposition to Defendant’s motion to dismiss. Plaintiff has until January 19, 2012 to file a
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response to this Order to Show Cause. A hearing on this Order to Show Cause is set for
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Thursday, January 26, 2012 at 1:30 P.M. In addition, by the hearing on the Order to Show
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Cause, Plaintiff must file proofs of service of the summons and complaint as to all Defendants in
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compliance with Federal Rule of Civil Procedure 4(m). Plaintiff’s failure to respond to this Order
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and to appear at the January 26, 2012 hearing will result in dismissal with prejudice for failure to
United States District Court
For the Northern District of California
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prosecute.
In the event that Plaintiff timely files a response to this Order, Defendant Wachovia
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Mortgage is on notice that the Court may at that time request supplemental briefing from both
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parties as to whether the remaining Defendants were fraudulently joined in the state court action as
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Wachovia Mortgage has alleged in its notice of removal. See ECF No. 1.
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IT IS SO ORDERED.
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Dated: January 11, 2012
_________________________________
LUCY H. KOH
United States District Judge
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Case No.: 11-cv-04780-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE
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