John Hoang v. Bank of America, National Association

Filing 4

ORDER DISMISSING ACTIONS. Signed by Judge Beth Labson Freeman on 10/26/2015. (blflc1, COURT STAFF) (Filed on 10/26/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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IN RE JOHN HOANG,

Case No. 14-cv-02354-BLF

Debtor.

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United States District Court
Northern District of California

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IN RE JOHN HOANG,

Case No. 14-cv-02380-BLF

Debtor.
ORDER DISMISSING ACTIONS

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On September 18, 2015, the Court issued an Order to Show Cause in each of the above-

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captioned actions directing the parties to show cause, in writing and on or before October 16,

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2015, why the actions should not be closed. See Order to Show Cause, ECF 3 in Case No. 14-cv-

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02354-BLF; Order to Show Cause, ECF 4 in Case No. 14-cv-02380-BLF. In the Order to Show

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Cause, the Court noted that both of the above-captioned actions were opened when defendants

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(“Moving Parties”) in an adversary proceeding then-pending in the Bankruptcy Court moved to

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withdraw the reference of the adversary proceeding. See id. While Moving Parties’ motions to

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withdraw the reference were pending before this Court, the Bankruptcy Court dismissed the

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adversary complaint for failure to state a claim upon which relief could be granted and dismissed

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the adversary proceeding in its entirety. See id. In light of the Bankruptcy Court’s dismissal of

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the underlying adversary proceeding and Moving Parties’ failure to prosecute their motions to

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withdraw the reference, the Court terminated the motions to withdraw the reference and issued the

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Order to Show Cause referenced above. No party has responded to the Order to Show Cause and

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the deadline for response has passed.

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Accordingly, the above-captioned actions are hereby DISMISSED. The actions have been

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mooted by the Bankruptcy Court’s dismissal of the underlying adversary proceeding. Moreover,

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Moving Parties have failed to prosecute the actions and have failed to comply with this Court’s

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Order to Show Cause. See Fed. R. Civ. P. 41(b) (permitting dismissal for failure to comply with a

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court order).

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IT IS SO ORDERED.

United States District Court
Northern District of California

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Dated: October 26, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge

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