McCallum et al v. Wells Fargo Bank, N.A.

Filing 8

ORDER VACATING 4 Defendant's Motion to Dismiss set for hearing on December 13, 2017. Signed by Magistrate Judge Stanley A. Boone on 12/5/2017. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID McCALLUM, et al.,
Plaintiffs,

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ORDER VACATING DECEMBER 13, 2017
HEARING ON DEFENDANT’S MOTION
TO DISMISS

v.

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Case No. 1:17-cv-01481-AWI-SAB

WELLS FARGO BANK, N.A.,

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Defendant.

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On October 3, 2017, Plaintiffs David McCallum and Donna McCallum (“Plaintiffs”)

18 filed this action in Fresno County Superior Court. (ECF No. 1-1.) On November 3, 2017,
19 Defendant Wells Fargo Bank, N.A. (“Defendant”) removed the action to the Eastern District of
20 California. (ECF No. 1.) On November 10, 2017, Defendant filed a motion to dismiss and
21 request for judicial notice that were referred to the undersigned pursuant to 28 U.S.C. §
22 636(b)(1)(B) and Local Rule 302. (ECF No. 6.) Hearing on the motion to dismiss was set for
23 December 13, 2017. (ECF No. 7.)
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Pursuant to the Local Rule, Plaintiff’s opposition to the motion to dismiss was due

25 November 29, 2017. L.R. 230(c). Plaintiff did not file a timely opposition to the motion. The
26 Local Rule provides that a party who fails to file a timely opposition is not entitled to be heard in
27 opposition to the motion at oral argument. L.R. 230(c).
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Accordingly, IT IS HEREBY ORDERED that the hearing set for December 13, 2017, is

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2 VACATED and the parties will not be required to appear at that time.
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IT IS SO ORDERED.

5 Dated:

December 5, 2017
UNITED STATES MAGISTRATE JUDGE

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