Moises Cervantes v. Homeward Residential Inc et al

Filing 8

ORDER GRANTING DEFENDANTS MOTION TO DISMISS by Judge Dean D. Pregerson. ( MD JS-6. Case Terminated ). (lc) .Modified on 4/30/2013 (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 MOISES CERVANTES, 12 Plaintiff, 13 v. 14 HOMEWARD RESIDENTIAL, INC., 15 Defendant. ___________________________ ) ) ) ) ) ) ) ) ) ) Case No. CV 13-02217 DDP (Ex) ORDER GRANTING DEFENDANT’S MOTION TO DISMISS [Dkt. No. 5] 16 17 Presently before the court is Defendant Homeward Residential, 18 Incorporated’s Motion to Dismiss. 19 by counsel, has not filed an opposition, the court GRANTS the 20 motion. Because Plaintiff, represented 21 Central District of California Local Rule 7-9 requires an 22 opposing party to file an opposition to any motion at least twenty- 23 one (21) days prior to the date designated for hearing the motion. 24 C.D. CAL. L.R. 7-9. 25 “[t]he failure to file any required document, or the failure to 26 file it within the deadline, may be deemed consent to the granting 27 or denial of the motion.” 28 /// Additionally, Local Rule 7-12 provides that C.D. CAL. L.R. 7-12. 1 The hearing on Defendant’s motion was set for May 13, 2013. 2 Plaintiff’s opposition was therefore due by April 22, 2013. As of 3 the date of this Order, Plaintiff has not filed an opposition or 4 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. Accordingly, the court deems Plaintiff’s failure to 8 9 IT IS SO ORDERED. 10 11 12 Dated: April 30, 2013 DEAN D. PREGERSON United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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