Kotsinsh et al v. Greenpoint Morgage Funding Incorporation et al

Filing 24

ORDER DISMISSING ALL REMAINING DEFENDANTS. Signed by Judge Lucy H. Koh on March 5, 2013. (lhklc1, COURT STAFF) (Filed on 3/5/2013)

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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 ALL REMAINING DEFENDANTS

Case No.: 12-CV-04636-LHK
ORDER DISMISSING ALL
REMAINING DEFENDANTS

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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.
On January 3, 2013, this Court dismissed Defendants Greenpoint Mortgage Funding, Inc.,

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

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Inc. with prejudice for failure to prosecute because of Plaintiffs’ failure to respond to the Court’s

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December 13, 2012 OSC and failure to appear at the January 2, 2013 OSC hearing.

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On January 31, 2013, this Court dismissed Defendants Akerman Senterfitt, LLP, Taylor L.

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Broadhead, and Justin D. Balser with prejudice for failure to prosecute because of Plaintiff’s failure

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to respond to the Court’s January 3, 2013 OSC and failure to appear at the January 30, 2013 OSC

United States District Court
For the Northern District of California

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hearing.
On January 31, 2013, this Court issued an OSC as to all remaining Defendants because of

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Plaintiffs’ failure to: (1) file a joint case management conference statement in advance of the

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January 30, 2013 case management conference and, (2) appear at the January 30, 2013 OSC

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hearing and case management conference. Plaintiffs’ deadline to respond to the January 31, 2013

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OSC was set for February 13, 2013. A hearing on the January 31, 2013 OSC was set for February

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27, 2013 at 2:00 P.M. The Court advised Plaintiffs that if Plaintiffs failed to respond to the January

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31, 2013 OSC and to appear at the February 27, 2013 hearing, Plaintiffs’ case would be dismissed

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with prejudice as to all remaining Defendants for failure to prosecute.

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Plaintiffs failed to respond to the OSC and appear at the February 27, 2013 OSC hearing.

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Accordingly, Plaintiffs’ case is DISMISSED WITH PREJUDICE as to all remaining Defendants.

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The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: March 5, 2013

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LUCY H. KOH
United States District Judge

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Case No.: 12-CV-04636-LHK
ORDER DISMISSING ALL REMAINING DEFENDANTS