North Coast Medical, Inc. v. Danmic Global, LLC et al

Filing 67

*** FILED IN ERROR. PLEASE IGNORE.*** ORDER DISMISSING GREENPOINT MORTGAGE FUNDING, INC., AURORA BANK FSB, AURORA LOAN SERVICES, LLC, AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ORDER TO SHOW CAUSE RE: AKERMAN SENTERFITT, LLP, TAYLOR L. BROADHEAD, AND JUSTIN D. BALSER; ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Judge Lucy H. Koh on January 3, 2013. (lhklc1, COURT STAFF) (Filed on 1/3/2013) Modified on 1/3/2013 (lhklc1, COURT STAFF). Modified on 1/3/2013 (lhklc1, COURT STAFF).

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
IMANT KOTSINSH and DAVID-WYNN
MILLER,

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Plaintiffs,
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v.
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FIRST AMERICAN TITLE, a California
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Corporation; GREENPOINT FUNDING
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INCORPORATED, a New York Corporation; )
FINANCIAL TITLE COMPANY, a California )
Corporation; MARIN CONVEYANCING
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CORPORATION, “as Trustee”; AURORA
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LOAN SERVICES, LLC; AURORA BANK;
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FEDERAL SAVINGS BANK, A COLORADO )
CORPORATION; MORTGAGE ELECTRONIC )
REGISTRATION SYSTEMS, INC. “MERS”- )
A/K/A MERS CORPORATION,
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INCORPORATION, a Delaware Corporation; )
AKERMAN SENTERFITT, LLP, a California )
Limited Liability Partnership Company; IMRAN )
HAYAT, ESQ., an Individual; TAYLOR L.
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BROADHEAD, ESQ., an Individual; JUSTIN D. )
BASLER, ESQ., an Individual; TFLG
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CORPORATION, a California Corporation;
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ERIC FERNANDEZ, ESQ., an Individual;
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SEAN BEDROSIAN, ESQ., an Individual;
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LAURIE HOWELL, ESQ., an Individual; CAL- )
WESTERN RECONVEYANCE
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CORPORATION, “as Trustee”,
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Defendants.
)
)

Case No.: 12-CV-04636-LHK
ORDER DISMISSING GREENPOINT
MORTGAGE FUNDING, INC.,
AURORA BANK FSB, AURORA LOAN
SERVICES, LLC, AND MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC.; ORDER TO SHOW
CAUSE RE: AKERMAN SENTERFITT,
LLP, TAYLOR L. BROADHEAD, AND
JUSTIN D. BALSER; ORDER SETTING
CASE MANAGEMENT CONFERENCE

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Case No.: 12-CV-04636-LHK
ORDER OF DISMISSAL; ORDER TO SHOW CAUSE RE: AKERMAN SENTERFITT, LLP, TAYLOR L.
BROADHEAD, AND JUSTIN D. BALSER; ORDER SETTING CASE MANAGEMENT CONFERENCE

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Plaintiffs filed their Complaint on September 5, 2012. ECF No. 1. Plaintiffs’ Complaint

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appears to consist of miscellaneous words and numbers.

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Order of Dismissal

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On October 5, 2012, Defendant Greenpoint Mortgage Funding, Inc. (“Defendant

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Greenpoint”) filed a motion to dismiss Plaintiffs’ Complaint. See ECF No. 7. Pursuant to Civil

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Local Rule 7-3(a), Plaintiffs’ opposition to Defendant Greenpoint’s motion to dismiss was due on

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October 19, 2012. Plaintiffs did not (and have not) filed an opposition or statement of non-

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opposition to Defendant Greenpoint’s motion to dismiss. Accordingly, on November 26, 2012, the

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Court ordered Plaintiffs to show cause why this case should not be dismissed with prejudice as to

United States District Court
For the Northern District of California

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Defendant Greenpoint for failure to prosecute. ECF No. 12 (“Greenpoint OSC”). The Court

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initially set Plaintiffs’ deadline to respond to the OSC on December 10, 2012. Id. However, the

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Court later extended this deadline to December 27, 2012. ECF No. 16. The Court set the hearing

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on the Greenpoint OSC for January 2, 2013 at 2:00 P.M. ECF No. 12. The Court notified

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Plaintiffs that if Plaintiffs failed to respond to the Greenpoint OSC and failed to appear at the

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January 2, 2013 hearing, the Court would dismiss Plaintiffs’ case with prejudice as to Defendant

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Greenpoint for failure to prosecute. Id.

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On November 19, 2012, Defendants Aurora Bank FSB, Aurora Loan Services, LLC,

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Mortgage Electronic Registration Systems, Inc., Akerman Senterfitt, LLP, Taylor L. Broadhead,

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and Justin D. Balser (collectively, “Aurora Defendants”) also filed a motion to dismiss. ECF No.

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11. Plaintiffs’ opposition to the Aurora Defendants’ motion to dismiss was due on December 3,

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2012. See Local Rule 7-3(a). Plaintiffs did not (and have not) filed an opposition or statement of

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non-opposition the Aurora Defendants’ motion to dismiss. Accordingly, on December 13, 2012,

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the Court ordered Plaintiffs to show cause why this case should not be dismissed as to Defendants

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Aurora Bank FSB, Aurora Loan Services, LLC, and Mortgage Electronic Registration Systems,

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Inc. ECF No. 14 (“Aurora OSC”). The Court inadvertently omitted Defendants Akerman

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Senterfitt, LLP, Taylor L. Broadhead, and Justin D. Balser from the Aurora OSC. The Court

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ordered Plaintiffs to respond to the OSC by December 27, 2012. Id. The hearing on the Aurora

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Case No.: 12-CV-04636-LHK
ORDER OF DISMISSAL; ORDER TO SHOW CAUSE RE: AKERMAN SENTERFITT, LLP, TAYLOR L.
BROADHEAD, AND JUSTIN D. BALSER; ORDER SETTING CASE MANAGEMENT CONFERENCE

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OSC was also set for January 2, 2013 at 2:00 P.M. Id. The Court notified Plaintiffs that if

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Plaintiffs failed to respond to the Aurora OSC and failed to appear at the January 2, 2013 hearing,

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the Court would dismiss Plaintiffs’ case with prejudice as to Defendants Aurora Bank FSB, Aurora

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Loan Services, LLC, and Mortgage Electronic Registration Systems, Inc. for failure to prosecute.

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Id.

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Plaintiffs failed to respond to either the Greenpoint OSC or the Aurora OSC. Plaintiffs also

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failed to appear at the January 2, 2013 hearing on both OSC’s. Accordingly, Plaintiffs’ case is

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DISMISSED WITH PREJUDICE as to Defendants Greenpoint Mortgage Funding, Inc., Aurora

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Bank FSB, Aurora Loan Services, LLC, and Mortgage Electronic Registration Systems, Inc.

United States District Court
For the Northern District of California

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Defendant Greenpoint Mortgage Funding, Inc.’s motion to dismiss (ECF No. 7) is DENIED AS

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MOOT. The February 28, 2013 hearing on the Aurora Defendants’ motion to dismiss (ECF No.

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11) is hereby VACATED.

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Order to Show Cause

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Furthermore, in light of Plaintiffs’ failure to respond to the Aurora Defendants’ motion to

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dismiss, and failure to appear at the Aurora OSC hearing, the Court hereby orders Plaintiffs to

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show cause why this case should not also be dismissed as to Defendants Akerman Senterfitt, LLP,

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Taylor L. Broadhead, and Justin D. Balser (the Aurora Defendants who were inadvertently omitted

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from the Aurora OSC). Plaintiffs have until January 16, 2013 to file a response to this Order to

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Show Cause. A hearing on this Order to Show Cause is set for January 30, 2013 at 2:00 P.M.

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Plaintiffs’ failure to respond to this Order and to appear at the January 30, 2013 hearing will result

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in dismissal of Defendants Akerman Senterfitt, LLP, Taylor L. Broadhead, and Justin D. Balser

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with prejudice for failure to prosecute.

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Order Setting Case Management Conference

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The initial case management conference scheduled for February 28, 2013 is hereby

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ADVANCED to January 30, 2013 at 2:00 p.m. Plaintiffs are also advised that if Plaintiffs fail to

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submit a joint case management conference statement in advance of the January 30, 2013 case

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management conference and fail to appear at the January 30, 2013 case management conference,

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Case No.: 12-CV-04636-LHK
ORDER OF DISMISSAL; ORDER TO SHOW CAUSE RE: AKERMAN SENTERFITT, LLP, TAYLOR L.
BROADHEAD, AND JUSTIN D. BALSER; ORDER SETTING CASE MANAGEMENT CONFERENCE

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the Court will issue an order to show cause as to why this case should not be dismissed with

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prejudice as to the remaining Defendants for failure to prosecute.

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IT IS SO ORDERED.

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Dated: January 3, 2013

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 12-CV-04636-LHK
ORDER OF DISMISSAL; ORDER TO SHOW CAUSE RE: AKERMAN SENTERFITT, LLP, TAYLOR L.
BROADHEAD, AND JUSTIN D. BALSER; ORDER SETTING CASE MANAGEMENT CONFERENCE