Filed: May 24, 2019
Latest Update: May 24, 2019
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Presently pending before the court are motions to dismiss by defendants Wells Fargo Bank, N.A. and First Priority Financial, Inc., which were noticed for hearing on June 6, 2019. (ECF Nos. 21, 23, 24.) Pursuant to Local Rule 230(c), plaintiff was required to file an opposition or statement of non-opposition to each motion no later than fourteen (14) days prior to the hearing, i.e., by May 23, 2019. E.D. Cal. L.R. 230(c). Although that deadline ha
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Presently pending before the court are motions to dismiss by defendants Wells Fargo Bank, N.A. and First Priority Financial, Inc., which were noticed for hearing on June 6, 2019. (ECF Nos. 21, 23, 24.) Pursuant to Local Rule 230(c), plaintiff was required to file an opposition or statement of non-opposition to each motion no later than fourteen (14) days prior to the hearing, i.e., by May 23, 2019. E.D. Cal. L.R. 230(c). Although that deadline has..
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ORDER
KENDALL J. NEWMAN, Magistrate Judge.
Presently pending before the court are motions to dismiss by defendants Wells Fargo Bank, N.A. and First Priority Financial, Inc., which were noticed for hearing on June 6, 2019. (ECF Nos. 21, 23, 24.) Pursuant to Local Rule 230(c), plaintiff was required to file an opposition or statement of non-opposition to each motion no later than fourteen (14) days prior to the hearing, i.e., by May 23, 2019. E.D. Cal. L.R. 230(c). Although that deadline has passed, the court's records reveal that no opposition or statement of non-opposition was filed.
The court has considered whether the case should be dismissed or other sanctions imposed based on plaintiff's failures. Nevertheless, in light of plaintiff's pro se status, and the court's desire to resolve the action on the merits, the court finds it appropriate to grant plaintiff an additional final opportunity to oppose each motion. These motions shall be heard along with the pending motion to dismiss by defendant Quality Loan Service Corp., which has been noticed for July 11, 2019. (ECF Nos. 26, 29.)
Accordingly, IT IS HEREBY ORDERED that:
1. The June 6, 2019 hearing on defendants' motions to dismiss (ECF Nos. 21, 24) is VACATED and RESET for July 11, 2019, at 10:00 a.m., in Courtroom 25 before the undersigned.
2. Plaintiff shall file an opposition or statement of non-opposition to each motion no later than June 27, 2019.
3. Defendants shall file reply briefs, if any, no later than July 4, 2019.
4. Failure to timely file an opposition or statement of non-opposition to each motion to dismiss may result in the imposition of sanctions, including dismissal of the action with prejudice pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.
