Trena Murphy v. Ocwen Loan Servicing, LLC et al

Filing 16

ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO OPPOSE by Judge Beverly Reid O'Connell. Plaintiff is ORDERED TO SHOW CAUSE as to why the Court shouldnot grant Defendant's motion. Both (1) Plaintiff's response to this Order and (2) Pla intiff's opposition to the motion, if any, shall be filed by no later than Friday, September 25, 2015, at 4:00 p.m. An appropriate response will include reasons demonstrating good cause for Plaintiff's failure to timely oppose. Plaintiff's failure to file an opposition by this deadline mayresult in the granting of Defendant's motion. The hearing on Defendant's motion is hereby continued to Monday, October 19, 2015, at 1:30 p.m. (rfi)

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.

CV 15-05913-BRO (PLAx)

Title

TRENA MURPHY V. OCWEN LOAN SERVICING, LLC ET AL.

Date

September 21, 2015

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 RE: DISMISSAL FOR FAILURE TO OPPOSE
Pending before the Court is a motion to dismiss filed by Defendant Ocwen Loan
Servicing, LLC. (Dkt. No. 10.) The motion seeks to dismiss each claim alleged in Plaintiff
Trena Murphy’s (“Plaintiff”) Complaint, (Dkt. No. 1-1), and is currently set for a hearing on
Monday, September 28, 2015, at 1:30 p.m. Under the Central District’s Local Rules, a party
must oppose a motion at least twenty-one (21) days prior to the scheduled hearing date. See
C.D. Cal. L.R. 7-9.1 Pursuant to Section 5 of this Court’s Standing Order regarding the general
requirements for motions, “opposition or reply papers due on a holiday must be filed the
preceding Friday – not the following Tuesday.”  (Dkt. No. 14.) Labor Day, a federal holiday,
fell on the twenty-first day prior to the scheduled hearing date in this case. Accordingly,
Plaintiff’s opposition was due no later than September 4, 2015. Yet as of today, Plaintiff has
filed no opposition. Pursuant to Local Rule 7-12, the failure to file an opposition “may be
deemed consent to the granting . . . of the motion.” See C.D. Cal. L.R. 7-12.
Accordingly, Plaintiff is ORDERED TO SHOW CAUSE as to why the Court should
not grant Defendant’s motion. Both (1) Plaintiff’s response to this Order and (2) Plaintiff’s
opposition to the motion, if any, shall be filed by no later than Friday, September 25, 2015,
at 4:00 p.m. An appropriate response will include reasons demonstrating good cause for
Plaintiff’s failure to timely oppose. Plaintiff’s failure to file an opposition by this deadline may
result in the granting of Defendant’s motion. The hearing on Defendant’s motion is hereby
continued to Monday, October 19, 2015, at 1:30 p.m.
IT IS SO ORDERED.

1

A copy of the Local Civil Rules is available at the United States District Court, Central District of
California’s website: https://www.cacd.uscourts.gov/court-procedures/local-rules.
CV-90 (06/04)

CIVIL MINUTES – GENERAL

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