Bysherrel Fredrick v. Wells Fargo Bank, N.A. et al

Filing 9

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS by Judge Dean D. Pregerson: The hearing on Defendant's motion was noticed for November 10, 2014. Plaintiff's opposition was therefore due by October 20, 2014. As of the date of this Order, P laintiff has not filed an opposition or any other filing that could be construed as a request for a continuance. Accordingly, the court deems Plaintiff's failure to oppose a consent to granting the motion to dismiss, and GRANTS the motion. Plaintiff's Complaint is DISMISSED,granting 7 Motion to Dismiss (MD JS-6. Case Terminated) (See document for further details) (bp)

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1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 BYSHERREL FREDERICK, 12 13 14 Plaintiff, v. WELLS FARGO BANK, N.A.; CALWESTERN RECONVEYANCE LLC, 15 Defendants. 16 ___________________________ ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 14-07093 DDP (JCx) ORDER GRANTING DEFENDANT’S MOTION TO DISMISS [Dkt. 7] 17 18 Presently before the court is Defendant Wells Fargo Bank, 19 N.A.’s Motion to Dismiss. 20 Accordingly, the court GRANTS Defendant’s Motion to Dismiss and 21 adopts the following order. Plaintiff has not opposed the 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. 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.” Additionally, Local Rule 7-12 provides that C.D. CAL. L.R. 7-12. 1 The hearing on Defendant’s motion was noticed for November 10, 2 2014. Plaintiff’s opposition was therefore due by October 20, 3 2014. As of the date of this Order, Plaintiff has not filed an 4 opposition or any other filing that could be construed as a request 5 for a continuance. 6 failure to oppose as consent to granting the motion to dismiss, and 7 GRANTS the motion. Accordingly, the court deems Plaintiff’s Plaintiff’s Complaint is DISMISSED. 8 9 10 IT IS SO ORDERED. 11 12 13 Dated: October 28, 2014 DEAN D. PREGERSON United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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