BONNER v. FAY SERVICING, LLC, C 16-01363 WHA. (2016)
Court: District Court, N.D. California
Number: infdco20160921777
Visitors: 12
Filed: Sep. 20, 2016
Latest Update: Sep. 20, 2016
Summary: ORDER TO SHOW CAUSE WILLIAM ALSUP , District Judge . All parties shall appear on SEPTEMBER 29, 2016, AT 8:00 A.M. to show cause as to why this case should not be dismissed in light of plaintiff's recent bankruptcy filing, his motion to stay this case, and his refusal to provide discovery. Tentatively, the Court is of the view that plaintiff is trying to have it both ways — he does not need a stay because he can dismiss this case without prejudice to re-filing in the bankruptcy court. It
Summary: ORDER TO SHOW CAUSE WILLIAM ALSUP , District Judge . All parties shall appear on SEPTEMBER 29, 2016, AT 8:00 A.M. to show cause as to why this case should not be dismissed in light of plaintiff's recent bankruptcy filing, his motion to stay this case, and his refusal to provide discovery. Tentatively, the Court is of the view that plaintiff is trying to have it both ways — he does not need a stay because he can dismiss this case without prejudice to re-filing in the bankruptcy court. It i..
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ORDER TO SHOW CAUSE
WILLIAM ALSUP, District Judge.
All parties shall appear on SEPTEMBER 29, 2016, AT 8:00 A.M. to show cause as to why this case should not be dismissed in light of plaintiff's recent bankruptcy filing, his motion to stay this case, and his refusal to provide discovery.
Tentatively, the Court is of the view that plaintiff is trying to have it both ways — he does not need a stay because he can dismiss this case without prejudice to re-filing in the bankruptcy court. It is plaintiff who initiated this action.
By SEPTEMBER 27, 2016, AT NOON, the parties shall submit memorandums on this subject. This does not in any way supersede the earlier briefing requirements nor does it suspend any requirement to cooperate in discovery.
IT IS SO ORDERED.
Source: Leagle
