Julia Gerard v. Wells Fargo Bank National Association et al
Filing
14
ORDER TO SHOW CAUSE WHY DEFENDANTS MOTION TO DISMISS SHOULD NOT BE GRANTED 13 by Judge Beverly Reid O'Connell. Plaintiff is ORDERED TO SHOW CAUSE why Wells Fargo Defendants' Motion to Dismiss with prejudice should not be granted. Plaintiff's response to this Order must be filed no later than Monday, December 1, 2014, at 5:00 p.m. An appropriate response will include reasons demonstrating good cause for Plaintiff's failure to timely oppose the motion.IT IS SO ORDERED. (rfi)
LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.
CV 14-06670 (BRO) (JPRx)
Title
JULIA GERARD V. WELLS FARGO BANK NATIONAL ASSOCIATION ET AL.
Date
November 24, 2014
Present: The Honorable
BEVERLY REID O’CONNELL, United States District Judge
Renee A. Fisher
Not Present
N/A
Deputy Clerk
Court Reporter
Tape No.
Attorneys Present for Plaintiffs:
Attorneys Present for Defendants:
Not Present
Not Present
Proceedings:
(IN CHAMBERS)
ORDER TO SHOW CAUSE WHY DEFENDANTS’ MOTION TO DISMISS
SHOULD NOT BE GRANTED [13]
Plaintiff Julia Gerard (“Plaintiff”) initiated this lawsuit on July 22, 2014 in the
Superior Court of California, County of Los Angeles. (Compl.) Defendant Wells Fargo
Bank National Association (“Wells Fargo N.A.”) removed the matter to this Court on
August 25, 2014. (Dkt. No. 1.) After removal, Wells Fargo N.A. and Wells Fargo Bank,
Ltd. (“Wells Fargo Ltd.”) (collectively, “Wells Fargo Defendants”) moved to dismiss the
Complaint. Plaintiff failed to oppose the motion. On October 2, 2014, the Court granted
the motion without prejudice in light of Plaintiff’s failure to oppose. (Dkt. No. 12.)
Currently pending before the Court is Wells Fargo Defendants’ joint Motion to
Dismiss this case with prejudice pursuant to Federal Rule of Civil Procedure 41(b) for
Plaintiff’s failure to prosecute. (Dkt. No. 13.) The matter is set for hearing on December
8, 2014. Under the Court’s Local Rule 7-9, a party must oppose a motion at least twentyone (21) days before the scheduled hearing date. C.D. Cal. L.R. 7-9. Accordingly,
Plaintiff’s opposition to Wells Fargo Defendants’ Rule 41(b) motion was due no later
than November 17, 2014. As of today, Plaintiff has not filed an opposition. Pursuant to
the Court’s Local Rule 7-12, failure to file an opposition “may be deemed consent to the
granting . . . of the motion.” C.D. Cal. L.R. 7-12.
CV-90 (06/04)
CIVIL MINUTES – GENERAL
Page 1 of 2
LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.
CV 14-06670 (BRO) (JPRx)
Title
JULIA GERARD V. WELLS FARGO BANK NATIONAL ASSOCIATION ET AL.
Date
November 24, 2014
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE why Wells Fargo
Defendants’ Motion to Dismiss with prejudice should not be granted. Plaintiff’s response
to this Order must be filed no later than Monday, December 1, 2014, at 5:00 p.m. An
appropriate response will include reasons demonstrating good cause for Plaintiff’s failure
to timely oppose the motion.
:
IT IS SO ORDERED.
Initials of Preparer
rf
CV-90 (06/04)
CIVIL MINUTES – GENERAL
Page 2 of 2
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