David Rascon et al v. Wells Fargo Bank NA et al

Filing 25

ORDER that the court deems Plaintiffs failure to oppose as consent to granting the motion to dismiss, and GRANTS the motion 20 . Defendants Motion to Strike Portions of Plaintiffs Complaint is VACATED as moot 22 by Judge Dean D. Pregerson (Made JS-6. Case Terminated.) (lc)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DAVID RASCON; TERESA RASCON,

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Plaintiffs,
v.

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WELLS FARGO BANK, NA
FORMERLY KNOWN AS (F/K/A),
WACHOVIA MORTGAGE FSB, et
al.
Defendants.

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___________________________

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Case No. EDCV 11-01117 DDP (DTBx)
ORDER GRANTING MOTION TO DISMISS

[Motions filed on 9/16/11]

Presently before the court is the Motion to Dismiss

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Plaintiffs’ Complaint filed by Wells Fargo Bank, NA (“Wells

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Fargo”).

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court GRANTS the motion.

Because Plaintiffs have not filed an opposition, the

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Central District of California Local Rule 7-9 requires an

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opposing party to file an opposition to any motion at least twenty-

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one (21) days prior to the date designated for hearing the motion.

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C.D. CAL. L.R. 7-9.

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“[t]he failure to file any required paper, or the failure to file

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it within the deadline, may be deemed consent to the granting or

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denial of the motion.”

Additionally, Local Rule 7-12 provides that

C.D. CAL. L.R. 7-12.

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The hearing on Defendant’s motion was set for October 17,

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2011.

Plaintiffs’ opposition was therefore due by September 26,

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2011.

As of the date of this Order, Plaintiffs have not filed an

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opposition, or any other filing that could be construed as a

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request for a continuance.

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Plaintiffs’ failure to oppose as consent to granting the motion to

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dismiss, and GRANTS the motion.

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Portions of Plaintiffs’ Complaint is VACATED as moot.

Accordingly, the court deems

Defendant’s Motion to Strike

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IT IS SO ORDERED.

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Dated: September 28, 2011
DEAN D. PREGERSON
United States District Judge

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