Reyes, et al., v. GMAC Mortgage, LLC

Filing 12

ORDER signed by Senior Judge Lawrence K. Karlton on 10/29/10 ORDERING that Pltf's counsel shall SHOW CAUSE why sanctions in the amount of $150 should not be imposed in accordance with LR 110. Show Cause response due by 11/8/10. Hearing on Deft's 15 Motion to Dismiss is continued to 11/22/2010 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Pltf's opposition or statement of non-opposition due on or before 11/8/10. (Owen, K)

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Reyes, et al., v. GMAC Mortgage, LLC Doc. 12 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 NO. CIV. S-10-1652 LKK/JFM 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 //// 1 Dockets.Justia.com FELICITO GARCIA REYES and CAROLINA LAURENTE REYES, Plaintiffs, v. ORDER GMAC MORTGAGE, LLC as servicer for DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR HARBORVIEW 2005-11 and DOES 1-10, Defendants. / Plaintiffs in this case bring claims arising out of their mortgage. Defendant GMAC Mortgage, LLC has filed a motion to dismiss noticed for hearing on November 8, 2010. Pursuant to Local Rule 230(c), plaintiffs' opposition or statement of non-opposition was due on October 25, 2010. Plaintiffs have not filed an opposition or statement of non-opposition. Based on the above, the court ORDERS as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. Counsel for plaintiffs is hereby ORDERED TO SHOW CAUSE in writing why sanctions should not issue in accordance with Local Rule 110, including a fine of $150 and/or dismissal of this case. See also Fed. R. Civ. P. 41(b), Counsel Link v. Wabash R.R., 370 U.S. 626, 633 (1962). shall file a response to this order to show cause no later than November 8, 2010. 2. Hearing on defendant's motion to dismiss (Dkt. No. 15) is CONTINUED to November 22, 2010 at 10:00 a.m. 3. Plaintiff shall file and serve his opposition or statement of non-opposition on or before November 8, 2010. Defendant may file and serve a reply no later than November 15, 2010. IT IS SO ORDERED. DATED: October 29, 2010. 2

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