Ronald D. Melton v. Bank of America, National Association, et al

Filing 38

ORDER GRANTING DEFENDANTS UNOPPOSED MOTION TO DISMISS 35 . PLAINTIFFS COMPLAINT IS DISMISSED WITH PREJUDICE by Judge Dean D. Pregerson (MD JS-6. Case Terminated) (lc)

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1 2 JS-6 3 O 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 RONALD D. MELTON, 12 13 14 15 Plaintiff, v. BANK OF AMERICA, N.A.; GREEN TREE SERVICING, LLC; NORTHWEST TRUSTEE SERVICES, INC.;, 16 Defendants. 17 ___________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV 15-06391 DDP (AGRx) ORDER GRANTING DEFENDANT’S UNOPPOSED MOTION TO DISMISS [Dkt. 35] 18 19 Presently before the court is Defendant Bank of America, 20 N.A.’s Motion to Dismiss. 21 not opposed the motion. 22 and adopts the following Order. Plaintiff, represented by counsel, has Accordingly, the court GRANTS the motion 23 Central District of California Local Rule 7-9 requires an 24 opposing party to file an opposition to any motion at least twenty- 25 one (21) days prior to the date designated for hearing the motion. 26 C.D. CAL. L.R. 7-9. 27 “[t]he failure to file any required document, or the failure to 28 file it within the deadline, may be deemed consent to the granting Additionally, Local Rule 7-12 provides that 1 or denial of the motion.” 2 C.D. CAL. L.R. 7-12. Defendant’s Motion was noticed for hearing on September 12, 3 2016. Plaintiff’s opposition was therefore due by August 22, 2016. 4 As of the date of this Order, Plaintiff has not filed an opposition 5 or any other filing that could be construed as a request for a 6 continuance. 7 oppose as consent to granting the motion to dismiss, and GRANTS the 8 motion. Accordingly, the court deems Plaintiff’s failure to Plaintiff’s Complaint is DISMISSED, with prejudice. 9 10 IT IS SO ORDERED. 11 12 13 Dated: October 5, 2016 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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