Robert K Smith v. Nationstar Mortgage LLC et al

Filing 36

MEMORANDUM (IN CHAMBERS) Order re Defendant's Motion to Dismiss (Dkt. No. 30 ); Sanctions for Violating Local Rules by Judge Dale S. Fischer. Refer to the Court's order for details. (pso)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM

Case No.
Title

CV 15-2498 DSF (MRWx)

Date

7/23/15

Robert K. Smith v. Nationstar Mortgage LLC, et al.

Present: The Honorable

DALE S. FISCHER, United States District Judge

Debra Plato
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

Order re Defendant’s Motion to Dismiss (Dkt. No. 30); Sanctions
for Violating Local Rules

On May 15, 2015, the Court granted Defendant Nationstar Mortgage LLC’s
unopposed motion to dismiss Plaintiff’s Complaint. (See Dkt. No. 18.) In conjunction
with this order, the Court issued an order to show cause regarding Plaintiff’s failure to
file a statement of non-opposition pursuant to Local Rule 7-9. (Id.) The Court
discharged the order to show cause after receiving a response from Plaintiff’s attorney
Alexander Moussazadah. (See Dkt. Nos. 19, 20.) The Court advised that further
violations “will result in sanctions.” (See Dkt. No. 20.)
On June 29, 2015, Nationstar filed a motion to dismiss Plaintiff’s First Amended
Complaint (FAC) with a hearing set for August 3, 2015. Plaintiff’s opposition was due
on July 13, 2015, but Plaintiff did not file an opposition until Saturday, July 18.
Nationstar argues that the Court should decline to consider Plaintiff’s late filing – which
likely prejudiced Nationstar’s ability to file a substantive reply by the July 20 deadline.
Notwithstanding Plaintiff’s repeated failure to follow the Local Rules, the Court will
consider Plaintiff’s opposition. Given the prejudice to Nationstar, the Court grants
Nationstar until July 30, 2015 to file a reply that addresses the merits of Plaintiff’s
opposition.
In light of Mr. Moussazadah’s failure to follow the Local Rules and the Court’s
explicit admonition, see Dkt. No. 20, Mr. Moussazadah is ORDERED to pay $500 to the
Clerk of Court no later than July 30, 2015.
CV-90 (12/02)

MEMORANDUM

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MEMORANDUM
The Court, on its own motion, takes Nationstar’s motion to dismiss off calendar
and under submission.
IT IS SO ORDERED.

CV-90 (12/02)

MEMORANDUM

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