Kotsinsh et al v. Greenpoint Morgage Funding Incorporation et al

Filing 21

ORDER dismissing Akerman Senterfitt, LLP, Taylor L. Broadhead, and Justin D. Balser; Motion 11 denied as moot. ORDER TO SHOW CAUSE RE: ALL REMAINING DEFENDANTS. Signed by Judge Lucy H. Koh on January 31, 2013. (lhklc1, COURT STAFF) (Filed on 1/31/2013) Modified text on 1/31/2013 (dhmS, 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.
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Case No.: 12-CV-04636-LHK
ORDER DISMISSING AKERMAN
SENTERFITT, LLP, TAYLOR L.
BROADHEAD, AND JUSTIN D.
BALSER; ORDER TO SHOW CAUSE
RE: ALL REMAINING DEFENDANTS

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Case No.: 12-CV-04636-LHK
ORDER DISMISSING AKERMAN SENTERFITT, LLP, TAYLOR L. BROADHEAD, AND JUSTIN D. BALSER;
ORDER TO SHOW CAUSE RE: ALL REMAINING DEFENDANTS

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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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Background
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”) filed a motion to dismiss. ECF No. 11.

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Plaintiffs’ opposition to the Aurora Defendants’ motion to dismiss was due on December 3, 2012.

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

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

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United States District Court
For the Northern District of California

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

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

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

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

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Plaintiffs failed to respond to the Aurora OSC. Plaintiffs also failed to appear at the

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January 2, 2013 hearing on the Aurora OSC. Accordingly, on January 3, 2013, Plaintiffs’ case was

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DISMISSED WITH PREJUDICE as to Defendants Aurora Bank FSB, Aurora Loan Services,

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LLC, and Mortgage Electronic Registration Systems, Inc. See ECF No. 19.1

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On January 3, 2013, the Court also ordered Plaintiffs to show cause why this case should

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not be dismissed as to Defendants Akerman Senterfitt, LLP, Taylor L. Broadhead, and Justin D.

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Balser (the Aurora Defendants who were inadvertently omitted from the Aurora OSC). Id.

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(“Second Aurora OSC”). Plaintiffs’ deadline to respond to the Second Aurora OSC was set for

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In the same Order, the Court also dismissed Defendant Greenpoint Mortgage Funding, Inc.
pursuant to another order to show cause issued regarding that Defendant. See ECF No. 19.
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Case No.: 12-CV-04636-LHK
ORDER DISMISSING AKERMAN SENTERFITT, LLP, TAYLOR L. BROADHEAD, AND JUSTIN D. BALSER;
ORDER TO SHOW CAUSE RE: ALL REMAINING DEFENDANTS

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January 16, 2013. A hearing on the Second Aurora OSC was set for January 30, 2013 at 2:00 P.M.

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The Court advised Plaintiffs that if Plaintiffs failed to respond to the Second Aurora OSC and to

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appear at the January 30, 2013 hearing, Plaintiffs’ case would be dismissed with prejudice as to

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Defendants Akerman Senterfitt, LLP, Taylor L. Broadhead, and Justin D. Balser for failure to

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prosecute.

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In addition to issuing an OSC as to the remaining Aurora Defendants, the Court advanced
the case management conference scheduled for February 28, 2013 to January 30, 2013 at 2:00 p.m.

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The Court advised Plaintiffs that if Plaintiffs failed to submit a joint case management conference

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statement in advance of the January 30, 2013 case management conference and failed to appear at

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United States District Court
For the Northern District of California

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the January 30, 2013 case management conference, the Court would issue an order to show cause

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as to why this case should not be dismissed with prejudice as to the remaining Defendants for

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failure to prosecute.

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Order of Dismissal Regarding Defendants Akerman Senterfitt, LLP, Taylor L. Broadhead,

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and Justin D. Balser

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Plaintiffs have not responded to the Second Aurora OSC and did not appear at the January

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30, 2013 hearing. Accordingly, Plaintiffs’ case is DISMISSED WITH PREJUDICE as to

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Defendants Akerman Senterfitt, LLP, Taylor L. Broadhead, and Justin D. Balser. The Aurora

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Defendants’ motion to dismiss (ECF No. 11) is DENIED AS MOOT.

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Order to Show Cause as to Remaining Defendants

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Furthermore, in light of Plaintiffs’ failure to file a joint case management conference

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statement and failure to appear at the January 30, 2013 case management conference, the Court

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hereby orders Plaintiffs to show cause why this case should not also be dismissed as to all

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remaining Defendants. Plaintiffs have until February 13, 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 February 27, 2013 at 2:00 P.M.

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Plaintiffs’ failure to respond to this Order and to appear at the February 27, 2013 hearing will result

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in dismissal of all remaining Defendants with prejudice for failure to prosecute.

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IT IS SO ORDERED.

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Case No.: 12-CV-04636-LHK
ORDER DISMISSING AKERMAN SENTERFITT, LLP, TAYLOR L. BROADHEAD, AND JUSTIN D. BALSER;
ORDER TO SHOW CAUSE RE: ALL REMAINING DEFENDANTS

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Dated: January 30, 2013

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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 DISMISSING AKERMAN SENTERFITT, LLP, TAYLOR L. BROADHEAD, AND JUSTIN D. BALSER;
ORDER TO SHOW CAUSE RE: ALL REMAINING DEFENDANTS