Gustavo Mendoza v. U.S. Bank National Association

Filing 11

ORDER GRANTING DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT 7 by Judge Dean D. Pregerson ( MD JS-6. Case Terminated ) . (lc) Modified on 9/25/2014 .(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 GUSTAVO MENDOZA, 12 13 14 Plaintiff, v. U.S. BANK NATIONAL ASSOCIATION, 15 Defendant. 16 ___________________________ ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 14-06716 DDP (MANx) ORDER GRANTING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT [DKT. NO. 7] 17 18 Presently before the Court is Defendant U.S. Bank N.A.’s 19 motion to dismiss Plaintiff Gustavo Mendoza’s complaint. Plaintiff, 20 represented by counsel, has not timely opposed the motion. 21 Accordingly, the Court GRANTS Defendant’s motion. 22 Central District of California Local Rule 7-9 requires an 23 opposing party to file an opposition to any motion at least twenty- 24 one (21) days prior to the date designated for hearing the motion. 25 C.D. CAL. L.R. 7-9. Additionally, Local Rule 7-12 provides that 26 “[t]he failure to file any required document, or the failure to 27 file it within the deadline, may be deemed consent to the granting 28 or denial of the motion.” C.D. CAL. L.R. 7-12. 1 The hearing on Defendant’s motion was noticed for October 6, 2 2014. Plaintiff’s opposition was therefore due by September 15, 3 2014. As of the date of this Order, Plaintiff has not filed an 4 opposition. Accordingly, the Court deems Plaintiff’s failure to 5 oppose as consent to granting the motion to dismiss, and GRANTS the 6 motion. 7 8 IT IS SO ORDERED. 9 10 11 Dated: September 25, 2014 DEAN D. PREGERSON United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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