Chatman et al v. Bank of America Home Loans et al

Filing 32

ORDER signed by Magistrate Judge John F. Moulds on 4/21/11 ORDERING that the hearing date of 4/28/11 is vacated. Hearing on defendant's motion to dismiss is continued to 6/9/11 at 11:00 a.m. in courtroom no. 26; Plaintiff shall file opposition, if any, to the motion to dismiss, no later than 5/26/11. Failure to file opposition and appear at the hearing will be deemed as a statement of non-opposition and shall result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b).(Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT JULIUS CHATMAN et al.,

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Plaintiffs,

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vs.
BANK OF AMERICA HOME LOANS
et al.,
Defendants.

ORDER

/

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No. 10-cv-0141 LKK JFM PS

This action was referred to the undersigned pursuant to Local Rule 302(c)(21).

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On March 10, 2011, defendant Bank of America Home Loans filed a motion to dismiss pursuant

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to Fed. R. Civ. P. 12(b)(6). No opposition to the motion to dismiss has been filed.

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Local Rule 230(c) provides that opposition to the granting of a motion must be

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filed fourteen days preceding the noticed hearing date. The Rule further provides that “[n]o

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party will be entitled to be heard in opposition to a motion at oral arguments if written opposition

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to the motion has not been timely filed by that party.” In addition, Local Rule 230(i) provides

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that failure to appear may be deemed withdrawal of opposition to the motion or may result in

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sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be

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grounds for imposition of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.”
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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of April 28, 2011 is vacated. Hearing on defendant’s motion

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to dismiss is continued to June 9, 2011 at 11:00 a.m. in courtroom no. 26.

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2. Plaintiff shall file opposition, if any, to the motion to dismiss, no later than

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May 26, 2011. Failure to file opposition and appear at the hearing will be deemed as a statement

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of non-opposition and shall result in a recommendation that this action be dismissed pursuant to

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Federal Rule of Civil Procedure 41(b).

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DATED:April 21, 2011.

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/014;chat0141.nooppo

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