David Jenkins et al v. Wells Fargo Bank, N.A. et al

Filing 14

ORDER GRANTING DEFENDANTS MOTION TO DISMISS WITH LEAVE TO AMEND 12 . Plaintiffs shall file an amended complaint within fourteen days of the date of this Order. Failure to timely file an amended complaint will result in the dismissal of this action for lack of prosecution by Judge Otis D. Wright, II: (lc)

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United States District Court
Central District of California

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DAVID JENKINS and KATHY
JENKINS,
Plaintiff,

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Case № 2:16-cv-05533-ODW (SKx)
ORDER GRANTING
DEFENDANT’S MOTION TO
DISMISS [12]

v.

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WELLS FARGO BANK, N.A., et al.

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Defendants.

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On August 1, 2016, Defendant Wells Fargo Bank, N.A. moved to dismiss

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Plaintiffs David and Kathy Jenkins’ Complaint. (ECF No. 12.)1 Defendant set the

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motion for hearing on August 29, 2016, and thus Plaintiffs’ opposition was due no

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later than August 8, 2016. See C.D. Cal. L.R. 7-9. To date, Plaintiffs have not filed

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any opposition. The failure to file a timely opposition may be deemed consent to the

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granting of a motion. C.D. Cal. L.R. 7-12; Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir.

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1995). Thus, the Court GRANTS Defendant’s Motion with leave to amend. (ECF

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No. 12.) Plaintiffs shall file an amended complaint within fourteen days of the date of

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After consider the moving papers, the Court deems the matter appropriate for decision without
oral argument. Fed. R. Civ. P. 78(b); C.D. Cal. L.R. 7-15.
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this Order. Failure to timely file an amended complaint will result in the dismissal of

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this action for lack of prosecution.

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IT IS SO ORDERED.

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August 15, 2016

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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