Newman et al v. Caliber Home Loans, Inc.

Filing 10

ORDER Continuing Hearing Scheduled for March 22, 2018. The Court Reschedules the Dismissal for Want of Prosecution Pursuant to LR 41.1 Hearing to 4/26/2018 at 1:30 p.m. before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 3/19/2018.(All non-registered users served via U.S. Mail Service)(mpl)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11
12

PERLITA NEWMAN, and GEORGE
NEWMAN,

15
16

ORDER CONTINUING HEARING
SCHEDULED FOR MARCH 22, 2018

Plaintiffs,

13
14

Case No.: 16-CV-2053-JLS (NLS)

v.
CALIBER HOME LOANS, INC. et al.,
Defendants.

17
18
19
20
21
22
23
24
25
26
27

The Court has scheduled a hearing for want of prosecution pursuant to Local Rule
41.1 on March 22, 2018 at 1:30 p.m. Plaintiffs have filed a notice indicating they concur
with the Court’s decision to dismiss the complaint. (ECF No. 9.) However, Plaintiffs
appear to misunderstand the purpose of the hearing.
Under Local Rule 41.1, “[a]ctions or proceedings which have been pending in this
court for more than six months, without any proceeding or discovery having been taken
therein during such period, may, after notice, be dismissed by the court for want of
prosecution.” The Court scheduled a hearing pursuant to this rule because there has been
no activity in this case since October 2016. To be clear, the dismissal would be without
prejudice and would not be based on the merits of Plaintiffs’ case. Plaintiffs would not be

28
1
16-CV-2053-JLS (NLS)

1

receiving a default against Defendants, as they indicate in their notice. (See ECF No. 9, at

2

2.)

3

The Court VACATES the hearing scheduled for March 22, 2018 at 1:30 p.m.

4

However, the Court RESCHEDULES the hearing for April 26, 2018 at 1:30 p.m. If

5

Plaintiffs want to request that their case not be dismissed for lack of prosecution, they are

6

to file a notice with the Court.

7

IT IS SO ORDERED.

8

Dated: March 19, 2018

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
16-CV-2053-JLS (NLS)