John Terry Bryan v. Mortgage Electronic Registration Systems, Inc. et al

Filing 14

ORDER GRANTING DEFENDANTS MOTION TO DISMISS 8 by Judge Otis D. Wright, II. ( MD JS-6. Case Terminated ). (lc) Modified on 6/23/2015 (lc).

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JS-6

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United States District Court
Central District of California

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JOHN TERRY BRYAN,

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Case No. 5:15-cv-00929-ODW(SP)

Plaintiff,

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v.

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MORTGAGE ELECTRONIC

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REGISTRATION SYSTEMS, INC.;

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QUALITY LOANS SERVICE CORP.;

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ORDER GRANTING
DEFENDANTS’ MOTION TO
DISMISS [8]

DOES 1–100, inclusive,

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Defendants.

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Pending before the Court is Defendant Mortgage Electronic Registration

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Systems, Inc.’s (“MERS”) Motion to Dismiss. (ECF No. 8.) MERS seeks dismissal

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of Plaintiff John Terry Bryan’s entire Complaint which was filed in state court on

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March 27, 2015. (ECF No. 1.) The case was removed to this Court on May 11, 2015.

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(Id.)

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Local Rule 7-9 provides that all opposition papers shall be filed with the court

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and served on each party at least twenty-one days before the date designated for

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hearing of the motion. C.D. Cal. L.R. 7-9. Local Rule 7-12 provides that the “failure

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to file any required paper, or the failure to file it within the deadline, may be deemed

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consent to the granting or denial of the Motion.” C.D. Cal. L.R. 7-12. Case law is

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clear that a district court may impose sanctions, including involuntary dismissal of a

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plaintiff’s case pursuant to Federal Rule of Civil Procedure 41(b), when the plaintiff

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fails to prosecute his or her case or fails to comply with the court’s orders, the Federal

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Rules of Civil Procedure, or the Court’s local rules. See Chambers v. NASCO, Inc.,

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501 U.S. 32, 44 (1991); Hells Canyon Preservation Council v. U.S. Forest Serv., 403

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F.3d 683, 689 (9th Cir. 2005); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995); Trice

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v. Clark County School Dist., 376 Fed. App’x 789, 790 (9th Cir. 2010); Preciado v.

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Los Angeles Unified School Dist., No. 2:13-cv-4466, 2014 WL 559372, *3 (C.D. Cal.

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Feb. 12, 2014).

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MERS filed its Motion to Dismiss on May 22, 2015 and set a hearing date for

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June 29, 2015. (ECF No. 8.) Thus, Bryan’s opposition was due on or before June 8,

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2015. However, Bryan failed to file an opposition. The Court therefore holds that

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Bryan consents to the granting of MERS’s Motion to Dismiss. See C.D. Cal. L.R. 7-

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12. The Court hereby GRANTS MERS’s Motion to Dismiss. (ECF No. 8.) The

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Clerk of the Court shall close this case.

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IT IS SO ORDERED.

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June 23, 2015

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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