Moreno v. NovaStar Home Mortgage, Inc. et al

Filing 9

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)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 DANIEL T. MORENO, an individual, 12 13 14 15 16 17 18 19 Plaintiff, v. NOVASTAR HOME MORTGAGE, INC., QUALITY LOAN SERVICES, CALWESTERN RECONVEYANCE CORPORATION, MERS, and WACHOVIA MORTGAGE, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 20 Defendant Wachovia Mortgage then removed to federal court on September 26, 2011. See ECF 21 No. 1. October 3, 2011, Wachovia Mortgage filed a Motion to Dismiss all four claims alleged in 22 the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon 23 which relief can be granted. See ECF No. 6. Pursuant to Civil Local Rule 7-3(a), Plaintiffs’ 24 opposition to the motion to dismiss was due on October 17, 2011. Plaintiffs have not filed an 25 opposition or statement of nonopposition to Defendant’s motion to dismiss. Moreover, based on 26 the docket, it is not clear that Defendants Novastar Home Mortgage, Inc., Quality Loan Services, 27 Cal-Western Reconveyance Corp., MERS, and Wachovia Mortgage have been served in this case. 28 1 Case No.: 11-cv-04780-LHK ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE 1 The hearing on the motion to dismiss and the case management conference set for January 2 26, 2012 are VACATED. The Court hereby ORDERS Plaintiff to show cause why this case 3 should not be dismissed for failure to prosecute. This Order does not authorize Plaintiff to file an 4 untimely opposition to Defendant’s motion to dismiss. Plaintiff has until January 19, 2012 to file a 5 response to this Order to Show Cause. A hearing on this Order to Show Cause is set for 6 Thursday, January 26, 2012 at 1:30 P.M. In addition, by the hearing on the Order to Show 7 Cause, Plaintiff must file proofs of service of the summons and complaint as to all Defendants in 8 compliance with Federal Rule of Civil Procedure 4(m). Plaintiff’s failure to respond to this Order 9 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 10 11 prosecute. In the event that Plaintiff timely files a response to this Order, Defendant Wachovia 12 Mortgage is on notice that the Court may at that time request supplemental briefing from both 13 parties as to whether the remaining Defendants were fraudulently joined in the state court action as 14 Wachovia Mortgage has alleged in its notice of removal. See ECF No. 1. 15 IT IS SO ORDERED. 16 Dated: January 11, 2012 _________________________________ LUCY H. KOH United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 11-cv-04780-LHK ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

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?