Ruiz v. National City Bank

Filing 57

ORDER signed by Judge John A. Mendez on 9/16/11 ORDERING that Defendant's MOTION TO DISMISS 53 is GRANTED, WITH PREJUDICE. It is further ORDERED that within ten (10) days of this order Kimberlee A. Rode shall either (1) pay sanctins of $150.00 to the Clerk of the Court, or (2) submit a statement of good cause explaining her failure to comply with Local Rule (230) (c). (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Enrique Ruiz,

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Plaintiff,

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v.
National City Bank, JPMorgan
Chase Bank, NA as successor by
merger to Washington Mutual
Bank, LENDER DOE 1 and LENDER
DOE 2,

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Defendants.

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Case No. 2:09-CV-01586 JAM-GGH
ORDER GRANTING DEFENDANT’S
MOTION TO DISMISS

This matter comes before the Court on Defendant JPMorgan Chase

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Bank’s, N.A. an Acquirer of Certain Assets and Liabilities of

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Washington Mutual Bank from the FDIC acting as Receiver

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(“Defendant”),, Motion to Dismiss (Doc. #53) Plaintiff Enrique

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Ruiz’s (“Plaintiff”) Complaint (Doc. #1), pursuant to Federal Rule

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of Civil Procedure 12(b)(6).

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to Dismiss.1

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Plaintiff does not oppose the Motion

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This motion was determined to be suitable for decision without
oral argument. E. D. Cal. L. R. 230(g). The hearing was scheduled
for September 21, 2011.
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Plaintiff did not file an opposition or statement of non-

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opposition to Defendant’s Motion to Dismiss.

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requires a party responding to a motion to file either an

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opposition to the motion or a statement of non-opposition, no less

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than fourteen (14) days preceding the noticed hearing date.

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Rule 110 authorizes the Court to impose sanctions for “failure of

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counsel or of a party to comply with these Rules.”

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Court will sanction Plaintiff’s counsel, Kimberlee A. Rode, $150.00

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unless she shows good cause for her failure to comply with the

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Local Rule 230(c)

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Therefore, the

Local Rules.

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ORDER

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After carefully considering the papers submitted in this

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matter, it is hereby ordered that Defendant’s Motion to Dismiss is

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GRANTED, WITH PREJUDICE.

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(10) days of this Order Kimberlee A. Rode shall either (1) pay

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sanctions of $150.00 to the Clerk of the Court, or (2) submit a

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statement of good cause explaining her failure to comply with Local

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Rule 230(c).

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It is further ordered that within ten

IT IS SO ORDERED.
Dated: September 16, 2011

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JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE

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