Opinion
Case No.: 3:11 -cv-04004-MEJ No. C 11-04004 MEJ
10-13-2011
PATRICIA C. KVAM. Plaintiff. v. CHASE HOME FINANCE. LLC. a Delaware Limited Liability Corporation, purported successor in interest to WASHINGTON MUTUAL BANK, F.A., a Washington Corporation; CALIFORNIA RECONVEYANCE COMPANY, a California corporation, DOES 1 through 20, inclusive, and all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to Plaintiffs* title, or any cloud on Plaintiffs" title thereto, named as DOES 21-100, inclusive, Defendants. PATRICIA K KVAM, Plaintiff, v. CHASE HOME FINANCE LLC, et al., Defendants.
VERNON L. BRADLEY (SBN 49294) LAW OFFICES OF VERNON L. BRADLEY Waldo Point Harbor 54 Liberty Dock Sausalito. California 94965-3106 Attorney for Plaintiff,. PATRICIA C. KVAM
VERNON L. BRADLEY (SBN 49294)
LAW OFFICES OF VERNON L. BRADLEY
Waldo Point Harbor
54 Liberty Dock
Sausalito. California 94965-3106
Attorney for Plaintiff,.
PATRICIA C. KVAM
REQUEST FOR LEAVE OF COURT TO
MOTION TO VACATE OR SET ASIDE THE
COURT'S ORDER TO DISMISS
Plaintiff Patricia C. Kvam's attorney of record has made an error and mistake by missing the emailed notices for both the motion to dismiss and the order to show cause. Plaintiff requests the Court grant her leave to re-set the Defendant's motion to dismiss date, or allow Plaintiff to file a motion to set aside and vacate your Honor's Order Dismissing Case. Your Honor's Order is attached hereto as Exhibit A. Such motion to vacate would go unopposed as Chase's Counsel, Cyndi Claxton. has already agreed to allow us to go forward on the merits and not oppose a motion to set aside and vacate the prior order of dismissal. Claxton's email confirming her non-opposition is attached as Exhibit B.
Please allow us to vacate the order and re-set a date for the motion to dismiss with enough days for both an opposition and reply so as to prevent any prejudice to either party.
Law Office of Vernon L. Bradley
Vernon L. Bradley
Attorney for Plaintiff,
Patricia C. Kvam. This case is hereby REOPENED. Plaintiff shall file any opposition to Defendant's motion to dismiss by October 27, 2011. Defendant shall file any reply by November 10, 2011. The Court shall conduct a hearing on December 8, 2011 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California.
IT IS SO ORDERED.
Exhibit A
UNITED STATES DISTRICT COURT
Northern District of California
ORDER DISMISSING CASE
On September 6, 201 1, the Defendants in the above-captioned matter tiled a motion to dismiss, with a noticed hearing date of October 20, 201 1. Dkt. No. 5. As Plaintiff Patricia Kvam failed to file an opposition pursuant to Civil Local Rule 7, the Court ordered Plaintiff to show cause why this case should not be dismissed for failure to prosecute and failure to comply with court deadlines. Dkt. No. 10. The Court ordered Plaintiff to file a responsive declaration by October 6, 201 1. Plaintiff has failed to respond. Accordingly, based on Plaintiffs failure to oppose Defendants' motion to dismiss and failure to respond to the order to show cause, this case is hereby DISMISSED WITHOUT PREJUDICE. The Clerk of Court shall close the file.
IT IS SO ORDERED.
Mana-Elena James
Chief United States Magistrate Judge
Exhibit B
From: Claxton, Cyndi [claxtonc@bryancave.com]
Sent: Thursday, October 13, 2011 3:00 PM
To: 'Vernon L. Bradley'
Subject: Kvam: Your Motion to Set Aside
Dear Mr. Bradley: This confirms our discussion earlier today regarding the court's dismissal of plaintiffs' case for failure to prosecute/respond to the Order to Show Cause and oppose the motion to dismiss. We will not oppose plaintiff's motion brought on the basis of inadvertence and error to set aside the dismissal. Sincerely, Cyndil.Claxton.Esp.
Bryan Cave LLP
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