Bruce Dwain Copeland v. Bank of America Servicing et al

Filing 23

(IN CHAMBERS) ORDER (1) TO SHOW CAUSE RE FAILURE TO OPPOSE MOTION TO DISMISS AND (2) CONTINUING HEARING ON PLAINTIFFS MOTION TO SET ASIDE DISMISSAL by Judge Josephine Staton Tucker. Response to Order to Show Cause due by 6/14/2013. The hearings re Motion CONTINUED to 6/21/2013 at 02:30 PM before Judge Josephine Staton Tucker. (See document for further details.) (rla)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. CV 13-1578-JST (Ex)
Date: June 7, 2013
Title: Bruce Dwain Copeland v. Bank of America Home Loan Servicing, et al.

Present: Honorable JOSEPHINE STATON TUCKER, UNITED STATES DISTRICT JUDGE
Terry Guerrero
Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:

Not Present

N/A
Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:

Not Present

PROCEEDINGS: (IN CHAMBERS) ORDER (1) TO SHOW CAUSE RE.
FAILURE TO OPPOSE MOTION TO DISMISS AND (2)
CONTINUING HEARING ON PLAINTIFF’S MOTION TO
SET ASIDE DISMISSAL
Defendant Bank of America, N.A. (“Bank of America”) filed a Motion to Dismiss
Plaintiff’s Complaint on May 20, 2013, noticing the hearing for June 21, 2013. (Doc. 131) In accordance with the Local Rules, Plaintiff’s opposition to this Motion was due on
May 31, 2013. See C.D. Cal. R. 7-9 (requiring an opposition brief to be filed not later
than twenty-one days before the hearing). To date, however, Plaintiff has not filed any
opposition. Local Rule 7-12 holds that “failure to file any required paper, or the failure to
file it within the deadline, may be deemed consent to the granting or denial of the
motion.” C.D. Cal. R. 7-12; see Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (per
curiam) (“Failure to follow a district court’s local rules is a proper ground for
dismissal.”). Therefore, the Court ORDERS Plaintiff to submit a written response no
later than June 14, 2013, explaining why Bank of America’s Motion should not be
granted as unopposed.
The Court also notes that Plaintiff has filed a Motion to Set Aside Dismissal,
seeking to set aside the Court’s grant of Defendant Raschand Merriman’s motion to
dismiss. (Doc. 19.) Plaintiff had also failed to oppose that motion to dismiss. The
hearing on Plaintiff’s Motion, currently scheduled for June 14, 2013, 2:30 p.m., is hereby
CONTINUED to June 21, 2013, 2:30 p.m. Plaintiff is directed to contact the Federal
Pro Se clinic, which assists litigants who are not represented by counsel. The clinic is
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CIVIL MINUTES – GENERAL
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____________________________________________________________________________
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. CV 13-1578-JST (Ex)
Date: June 7, 2013
Title: Bruce Dwain Copeland v. Bank of America Home Loan Servicing, et al.

located in the Ronald Reagan Federal Building and United States Courthouse, and can be
reached at [phone] (x222).

Initials of Preparer: tg

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CIVIL MINUTES – GENERAL
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