Ana Maria Bernal v. Litton Loan Servicing et al

Filing 12

MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz. The Courtordered Plaintiff's counsel, Paul Eric St.Amant, Esq., to show cause why he should not be sanctioned $250 for his failure to oppose defendant's Motion to Dismiss or to file a notice of non-opposition in violation of Local Rule 7-9. The Court will not sanction Mr. St. Amant for his failure and DISCHARGES the order to show cause. Mr. St. Amant should review and master the Court's Local Rules and follow them scrupulously in the future. (kbr)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

EDCV 11-00918 AHM (DTBx)

Title

ANA MARIA BERNAL v. LITTON LOAN SERVICING, et al.

Present: The
Honorable

Date

August 4, 2011

A. HOWARD MATZ, U.S. DISTRICT JUDGE

Stephen Montes

Not Reported

Deputy Clerk

Court Reporter / Recorder

Attorneys NOT Present for Plaintiffs:

Proceedings:

Tape No.

Attorneys NOT Present for Defendants:

IN CHAMBERS (No Proceedings Held)

On July 20, 2011, the Court granted Defendants’ unopposed motion to dismiss,
with leave to file an amended complaint, and ordered Plaintiff’s counsel, Paul Eric St.
Amant, Esq., to show cause why he should not be sanctioned $250 for his failure to
oppose the Motion or to file a notice of non-opposition in violation of Local Rule 7-9.
Mr. St. Amant responded to the Court’s order on July 29, 2011. According to his
response, Mr. St. Amant did not oppose Defendants’ motion to dismiss because their
Notice of Interested Parties did not fully disclose all interested parties, in violation of
Federal Rule of Civil Procedure 7.1 and Local Rule 7.1-1. Thus, per Mr. St. Amant’s
reasoning, the motion to dismiss was invalid.
Even assuming that the Notice of Interested Parties was deficient, Mr. St. Amant
was not excused from complying with Local Rule 7-9. If, in his judgment, the motion to
dismiss was procedurally flawed in some manner, he should have filed a notice with the
Court to that effect, rather than simply failing to reply to the motion in any manner.
Nonetheless, the Court will not sanction Mr. St. Amant for his failure and DISCHARGES
the order to show cause. Mr. St. Amant should review and master the Court’s Local
Rules and follow them scrupulously in the future.
:
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

SMO

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