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

Filing 37

ORDER. Signed by Judge Lucy H. Koh on 12/12/2012. (lhklc2, COURT STAFF) (Filed on 12/12/2012)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

United States District Court
For the Northern District of California

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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 RE: DECEMBER 13 HEARING

On November 29, 2012, this Court issued an Order to Show Cause why this case should not

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be dismissed with prejudice for failure to prosecute. ECF No. 34. The Court scheduled a hearing

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for December 13 2012 at 1:30 p.m., at which the Court would address both the Order to Show

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Cause and Attorney Michael Yesk’s motion to be relieved as counsel. The court ordered Mr. Yesk

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to file a declaration detailing the steps he has taken to help Plaintiffs find new legal representation,

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which Mr. Yesk failed to do. The Court also ordered Plaintiffs to file a response reaffirming their

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interest in prosecuting this case, which Plaintiffs have failed to do.

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Mr. Yesk has now filed a withdrawal of his motion to be relieved as counsel. ECF No. 36.

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This withdrawal does not obviate the need for Mr. Yesk and Plaintiffs to appear for the December

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13 hearing on the Order to Show Cause. Consistent with this Court’s Order to Show Cause,
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Case No.: 12-CV-01362-LHK
ORDER RE: DECEMBER 13 HEARING

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Plaintiffs and Mr. Yesk must appear personally at the hearing on December 13, 2012 at 1:30 p.m.

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Failure to do so will result in dismissal of this case with prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Dated: December 12, 2012

_________________________________
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-01362-LHK
ORDER RE: DECEMBER 13 HEARING