Guzman et al v. Central Pacific Home Loans, Inc. et al

Filing 28

ORDER TO SHOW CAUSE: Show Cause Hearing set for 7/13/2011 02:30 PM before District JUDGE LESLIE E. KOBAYASHI. Show Cause Response due by 7/6/2011. Signed by District JUDGE LESLIE E. KOBAYASHI on June 15, 2011. (bbb, )CERTIF ICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. Plaintiff has been served with this order via Certified Mail, returnreceipt requested on 06/16/2011

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
ROGELIO GUZMAN and MARIA G.
GUTIERREZ,

)
)
)
Plaintiffs,
)
)
vs.
)
)
CENTRAL PACIFIC HOME LOANS,
)
INC., BAC HOME LOANS
)
SERVICING, LP, BANK OF
)
AMERICA, N.A., MORTGAGE
)
ELECTRONIC REGISTRATION
)
SYSTEM, INC. and FEDERAL
)
NATIONAL MORTGAGE
)
ASSOCIATION,
)
)
Defendants.
)
_____________________________ )

CIVIL NO. 11-00126 LEK-BMK

ORDER TO SHOW CAUSE
On March 1, 2011, Plaintiffs Rogelio Guzman and
Maria G. Gutierrez (“Plaintiffs”) filed their Complaint against
Defendants “Central Pacific Home Loans, Inc.”,1 BAC Home Loans
Servicing, LP (“BAC”), Bank of America, N.A. (“BANA”), “Mortgage
Electronic Registration System, Inc.”,2 and Federal National
Mortgage Association (“FNMA”) (collectively, with the footnoted
corrections, “Defendants”).

On April 20, 2011, Defendants BAC,

BANA, MERS, and FNMA (collectively, “Moving Defendants”) filed

1

Plaintiffs mistakenly identify Central Pacific Homeloans,
Inc. (“CPH”) as “Central Pacific Home Loans, Inc.”
2

Plaintiffs mistakenly identify Mortgage Electronic
Registration Systems, Inc. (“MERS”) as “Mortgage Electronic
Registration System, Inc.”

their Motion to Dismiss Plaintiffs’ Complaint.

[Dkt. no. 9.]

The Court set the Motion to Dismiss for hearing on June 27, 2011.
CPH filed an answer to the Complaint on May 3, 2011.

[Dkt. no.

11.]
On May 11, 2011, Plaintiffs filed their First Amended
Complaint against Defendants.

[Dkt. no. 13.]

On May 25, 2011,

Moving Defendants filed their Motion to Dismiss Plaintiffs’ First
Amended Complaint (“Motion”), [dkt. no. 21,] which seeks to
dismiss with prejudice Plaintiffs’ First Amended Complaint for
failure to state a claim upon which relief can be granted.
[Motion at 1.]
2011.

The Court set the Motion for hearing on June 27,

CPH filed an answer to the First Amended Complaint on

May 31, 2011.

[Dkt. no. 23.]

On June 1, 2011, the Court issued its Order Regarding
Defendants’ Motion to Dismiss Plaintiffs’ Complaint, [dkt. no.
24,] finding that Plaintiffs’ Complaint, filed on March 1, 2011,
had been superceded by their First Amended Complaint, filed on
May 11, 2011.

The Court denied as moot Moving Defendants’ Motion

to Dismiss Plaintiffs’ Complaint, filed on April 20, 2011, and
vacated the hearing on said motion.

The Court informed the

parties that the hearing on Moving Defendants’ Motion to Dismiss
Plaintiffs’ First Amended Complaint would proceed as scheduled on
June 27, 2011.
On June 8, 2011, the Court issued its Inclination and

2

Order Regarding Plaintiffs’ Response to Defendants’ Motion to
Dismiss Plaintiffs’ Complaint, [dkt. no. 25,] finding that
Plaintiffs failed to file an opposition to the Motion by June 6,
2011 pursuant to Local Rule 7.4 and vacating the hearing on the
Motion pursuant to Local Rule 7.2(d).
On June 9, 2011, CPH filed its joinder in the Motion
(“Joinder”), seeking to join Moving Defendants in simple
agreement with the relief sought in the Motion.

[Joinder at 2.]

To date, Plaintiffs have not filed a memorandum in
opposition to either the Motion or the Joinder.

Rule 41(b) of

the Federal Rules of Civil Procedure authorizes a court to
involuntarily dismiss an action when “the plaintiff fails to
prosecute or to comply with these rules or a court order[.]”
Accordingly, the Court HEREBY ORDERS Plaintiffs’
counsel to appear before this Court on Monday, July 13, 2011, at
2:30 p.m., to show good cause, if any, why their First Amended
Complaint should not be dismissed with prejudice for failure to
prosecute.

Plaintiffs have until Monday, June 29, 2011 to file a

written response to this Order.

Defendants may file an optional

reply no later than Tuesday, July 6, 2011.

Plaintiffs’ counsel

shall be physically present for the hearing on this Order.
The Court directs the Clerk’s Office to serve this
Order on Plaintiffs via certified mail, return receipt requested.
IT IS SO ORDERED.
3

DATED AT HONOLULU, HAWAII, June 15, 2011.

/S/ Leslie E. Kobayashi
Leslie E. Kobayashi
United States District Judge

ROGELIO GUZMAN, ET AL. V. CENTRAL PACIFIC HOME LOANS, INC., ET
AL; CIVIL NO. 11-00126 LEK-BMK; ORDER TO SHOW CAUSE

4