Vaivase Tuimalealiifano et al v. First Magnus Financial Group et al

Filing 22

ORDER by Judge Dean D. Pregerson: The court deems Plaintiffs failure to oppose as consent to granting the Motion to Dismiss, and GRANTS the Motion 18 . Plaintiffs First Amended Complaint is dismissed.( MD JS-6. Case Terminated ) (lc)

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1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 VAIVASE TUIMALEALIIFANO; LEMUSU TUIMALEALIIFANO, 12 Plaintiffs, 13 v. 14 15 16 17 FIRST MAGNUS FINANCIAL GROUP; COMMUNITY BANK OF NEVADA; AURORA LOAN SERVICES; DOES 1 through 50, Defendants. ___________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 11-06106 DDP (MRWx) ORDER GRANTING DEFENDANT’S MOTION TO DISMISS PLAINTIFFS’ FIRST AMENDED COMPLAINT [Docket No. 18] 18 19 Presently before the court is Defendant Aurora Loan Services 20 LLC’s Motion to Dismiss Plaintiffs’ First Amended Complaint 21 (“Motion”). 22 court GRANTS the Motion. Because Plaintiffs have not filed an opposition, the 23 Central District of California Local Rule 7-9 requires an 24 opposing party to file an opposition to any motion at least twenty- 25 one (21) days prior to the date designated for hearing the motion. 26 Additionally, Local Rule 7-12 provides that “[t]he failure to file 27 any required paper, or the failure to file it within the deadline, 28 may be deemed consent to the granting or denial of the motion.” 1 The hearing on Defendant’s Motion was set for February 27, 2 2012. Plaintiffs’ opposition was therefore due by February 6, 3 2012. As of the date of this Order, Plaintiffs have not filed an 4 opposition, or any other filing that could be construed as a 5 request for a continuance. 6 Plaintiffs’ failure to oppose as consent to granting the Motion to 7 Dismiss, and GRANTS the Motion. 8 Complaint is dismissed. Accordingly, the court deems Plaintiffs’ First Amended 9 10 IT IS SO ORDERED. 11 12 13 Dated: March 14, 2012 DEAN D. PREGERSON United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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