Kotsinsh et al v. Greenpoint Morgage Funding Incorporation et al

Filing 12

ORDER TO SHOW CAUSE Order to Show Cause Hearing set for 1/2/2013 02:00 PM. Show Cause Response due by 12/10/2012.. Signed by Judge Lucy H. Koh on November 26, 2012. (lhklc1, COURT STAFF) (Filed on 11/26/2012)

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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.
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Case No.: 12-cv-04636-LHK
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE

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Case No.: 12-cv-04636-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE

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Plaintiffs filed their Complaint on September 5, 2012. ECF No. 1. Plaintiffs’ Complaint
appears to consist of miscellaneous words and numbers.

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On October 5, 2012, Defendant Greenpoint Mortgage Funding, Inc. filed a motion to

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dismiss Plaintiff’s Complaint. See ECF No. 7. Pursuant to Civil Local Rule 7-3(a), Plaintiff’s

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opposition to the motion to dismiss was due on October 19, 2012. As of the date of this order,

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Plaintiff has not filed an opposition or statement of non-opposition to Defendant Greenpoint

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Mortgage Funding, Inc.’s motion to dismiss.1

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The Court hereby orders Plaintiffs to show cause why this case should not be dismissed as
to Defendant Greenpoint Mortgage Funding, Inc. for failure to prosecute. This Order does not

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United States District Court
For the Northern District of California

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authorize Plaintiffs to file an untimely opposition to Defendant Greenpoint Mortgage Funding,

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Inc.’s motion to dismiss. Plaintiffs have until December 10, 2012 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 2, 2013 at 2:00 P.M.

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Plaintiffs’ failure to respond to this Order and to appear at the January 2, 2013 hearing will result in

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dismissal of Defendant Greenpoint Mortgage Funding, Inc. with prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Dated: November 26, 2012

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_________________________________
LUCY H. KOH
United States District Judge

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On November 19, 2012, Defendants Aurora Bank FSB, Aurora Loan Services, LLC, and
Mortgage Electronic Registration Systems, Inc. (collectively, “Aurora Defendants”) also filed a
motion to dismiss. ECF No. 11. Pursuant to Civil Local Rule 7-3(a), Plaintiff’s opposition to the
Aurora Defendants’ motion to dismiss is due on December 3, 2012.
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Case No.: 12-cv-04636-LHK
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE