Rebecca L. Bond v. Onewest Bank FSB et al

Filing 13

ORDER TO SHOW CAUSE RE: FAILURE TO OPPOSE MOTION TO DISMISS 8 by Judge Otis D. Wright, II: The Court therefore ORDERS Plaintiff on or before January 25, 2016, toeither:(1) File a written explanation with the Court as to why the Motion should not be granted without leave to amend for failure to file an opposition; or (2) File an opposition to the Motion. If Plaintiff files an opposition to the Motion, Defendant shall have seven days to file a Reply. Moreover, the Court deems this matter appropr iate for decision without oral argument, and therefore VACATES the hearing on the Motion 8 and will take it under submission. The Court will issue a ruling based on the papers. Plaintiff is cautioned that failure to timely respond to this Order may result in the action being dismissed in its entirety without further notice from the Court. The Court advises Plaintiff that a Federal Pro Se Clinic is located in theUnited States Courthouse. (lc)

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United States District Court
Central District of California

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REBECCA L. BOND,

Case № 2:15-cv-8701-ODW (ASx)

Plaintiff,

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v.

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ORDER TO SHOW CAUSE RE:

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ONEWEST BANK FSB; OCWEN LOAN FAILURE TO OPPOSE MOTION TO

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SERVICING,

DISMISS
Defendants.

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On December 15, 2015, Defendant Ocwen Loan Servicing, LLC moved to

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dismiss Plaintiff’s Complaint under Federal Rule of Civil Procedure 12(b). The

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Motion is currently set for hearing on January 25, 2016. Under Local Rule 7-9,

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Plaintiff’s opposition to the Motion was due on January 4, 2016. To date, the Court

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has not received any opposition. The failure to timely file an opposition to a Motion

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to Dismiss is grounds for granting the Motion. C.D. Cal. Local Rule 7-12; Enders v.

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Countrywide Home Loans, Inc., No. C 09-3213SBA, 2009 WL 4018512, at *2 (N.D.

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Cal. Nov. 16, 2009) (“The Ninth Circuit has held that the failure to file an opposition

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to a motion to dismiss is grounds for granting the motion.” (citing Ghazali v. Moran,

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46 F.3d 52, 53 (9th Cir. 1995))).
The Court therefore ORDERS Plaintiff on or before January 25, 2016, to

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either:

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(1)

File a written explanation with the Court as to why the Motion should not

be granted without leave to amend for failure to file an opposition; or

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(2)

File an opposition to the Motion.

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If Plaintiff files an opposition to the Motion, Defendant shall have seven days to

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file a Reply. Moreover, the Court deems this matter appropriate for decision without

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oral argument, and therefore VACATES the hearing on the Motion [8] and will take it

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under submission.

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issue a ruling based on the papers.

Fed. R. Civ. P. 78; C.D. Cal. Local Rule 7-15. The Court will

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Plaintiff is cautioned that failure to timely respond to this Order may

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result in the action being dismissed in its entirety without further notice from the

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Court.

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United States Courthouse at 312 N. Spring Street, Room 525, Fifth Floor, Los

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Angeles, California 90012.

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Wednesdays, and Fridays from 9:30 a.m. to 12:00 p.m. and 2:00 p.m. to 4:00 p.m.

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The Federal Pro Se Clinic offers free, on-site information and guidance to individuals

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who are representing themselves in federal civil actions.

For more information,

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Plaintiff

follow the

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“Pro Se Clinic—Los Angeles,” or contact Public Counsel at 213–385–2977, extension

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270. Plaintiff is encouraged to visit the clinic, or seek the advice of an attorney, as

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this case proceeds.

The Court advises Plaintiff that a Federal Pro Se Clinic is located in the

may

visit

The clinic is open for appointments on Mondays,

http://www.cacd.uscourts.gov

and

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IT IS SO ORDERED.

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January 7, 2016

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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link

for