Kwong et al v. Wells Fargo Bank, N.A.

Filing 34

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 12/13/2012 01:30 PM. Show Cause Response due by 12/10/2012.. Signed by Judge Lucy H. Koh on 11/29/12. (lhklc3, COURT STAFF) (Filed on 11/29/2012)

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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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SIMON Y. KWONG AND SUZANNE Y.
KWONG,

)
)
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Plaintiffs,
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v.
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WELLS FARGO BANK, N.A., AS TRUSTEE )
FOR CERTIFICATE HOLDERS OF BANC OF )
AMERICA FUNDING CORPORATION
)
MORTGAGE PASS THROUGH
)
CERTIFICATES, SERIES 2007-E,
)
)
Defendants.
)
)

Case No.: 12-CV-01362-LHK
ORDER TO SHOW CAUSE

Plaintiffs Simon Y. Kwong and Suzanne Y. Kwong (collectively “Plaintiffs”) filed their

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complaint in federal court on March 19, 2012. See ECF No. 1. According to Michael Yesk, the
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attorney of record, on June 29, 2012, the Plaintiffs notified Mr. Yesk via email that Plaintiffs
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wanted to terminate Mr. Yesk’s employment and to hire a new attorney. Consequently, on August
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29, 2012, Mr. Yesk filed a Motion to Withdraw as Attorney. ECF No. 24. According to Mr. Yesk,
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on August 30, 2012, Plaintiffs contacted Mr. Yesk and informed him that Plaintiffs no longer had
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substitute counsel and wanted Mr. Yesk’s services. According to Mr. Yesk, on November 27,
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2012, Mr. Yesk contacted Plaintiffs and reminded them to appear at the November 29, 2012
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Case No.: 12-CV-01362-LHK
ORDER TO SHOW CAUSE

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hearing on Mr. Yesk’s Motion to Withdraw as Attorney. Despite this reminder, Plaintiffs failed to

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appear at the November 29, 2012 hearing.

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The Court hereby ORDERS Plaintiffs to show cause why this case should not be dismissed

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with prejudice for failure to prosecute. A hearing on this Order to Show Cause is set for

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Thursday, December 13, 2012, at 1:30 P.M. This hearing also will serve as a continuation of the

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hearing on Mr. Yesk’s Motion to Withdraw as Attorney. By December 7, 2012, Mr. Yesk shall file

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a declaration: (1) affirming that he has referred Plaintiffs to the Federal Legal Assistance Self-Help

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Center (“FLASH”) for legal assistance (408-297-1480); and (2) explaining the steps he has taken to

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assist Plaintiffs in finding new legal representation. In addition, by December 7, 2012, both parties

United States District Court
For the Northern District of California

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shall file their Consent or Declination to Proceed Before a Magistrate Judge. Further, by

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December 10, 2012, Plaintiffs shall file a response to this Order to Show Cause, reaffirming their

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interest in prosecuting this case and explaining the status of their legal representation. Plaintiffs’

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failure to respond to this Order and to appear at the December 13, 2012 hearing will result in

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dismissal of this case with prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Dated: November 29, 2012

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 12-CV-01362-LHK
ORDER TO SHOW CAUSE