Erika Cane v. Bank of America N A et al

Filing 11

ORDER GRANTING UNOPPOSED MOTION TO DISMISS THIRD, FOURTH, FIFTH, AND SIXTH CAUSES OF ACTION 7 . Plaintiff is also notified that the correct identities of Defendants are Bank of America, N.A. (instead of Bank of America), Tammy Salyer (instead of Tammy Sawyer), and Heather Peterson (instead of Heather Almiron) by Judge Dean D. Pregerson. (lc). Modified on 1/8/2013 (lc).

1
2

O

3
4

NO JS-6

5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11

ERIKA CANE,

12
13
14
15
16
17
18
19
20

Plaintiff,
v.
BANK OF AMERICA N A
ERRONEOUSLY SUED AS BANK OF
AMERICA ; TAMMY SALYER
ERRONEOUSLY SUED AS TAMMY
SAWYER ; HEATHER PETERSON
ERRONEOUSLY SUED AS HEATHER
ALMIRON,
Defendants.
___________________________

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. CV 12-10178 DDP (JCx)
ORDER GRANTING UNOPPOSED MOTION
TO DISMISS THIRD, FOURTH, FIFTH,
AND SIXTH CAUSES OF ACTION
[Dkt. No. 7]

Presently before the court is Defendants’ Partial Motion to

21

Dismiss Complaint.

22

the court GRANTS the Motion to Dismiss.

Because Plaintiff has not filed an opposition,

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 Defendants’ Motion was set for January 7, 2013.

2

Plaintiff’s opposition was therefore due by December 17, 2012.

3

of the date of this Order, Plaintiff has not filed an opposition,

4

or any other filing that could be construed as a request for a

5

continuance.

6

oppose as consent to granting the Motion to Dismiss, and GRANTS the

7

Motion.

8

Defendants are Bank of America, N.A. (instead of Bank of America),

9

Tammy Salyer (instead of Tammy Sawyer), and Heather Peterson

10

As

Accordingly, the court deems Plaintiff’s failure to

Plaintiff is also notified that the correct identities of

(instead of Heather Almiron).

11
12

IT IS SO ORDERED.

13
14
15

Dated: January 8, 2013
DEAN D. PREGERSON
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28
2