Lapastora v Sierra Pacific Mortgage Company, Inc et al

Filing 7

MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 9/17/10: Defendant's Motion to Dismiss is GRANTED with leave to amend 5 . Plaintiff's counsel shall either (1) personally pay sanctions in the amount of $250.00 to the Clerk of the Court, or (2) show good cause for the failure to comply with Local Rule 230(c). Plaintiff may file an amended complaint not later than twenty (20) days after the date this Memorandum and Order is filed electronically. (Kaminski, H)

Lapastora v Sierra Pacific Mortgage Company, Inc et al

Doc. 7

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 This action arises out of a mortgage loan transaction in which Plaintiff Felipe T. Lapastora ("Plaintiff") financed a loan to purchase a home in 2006. Presently before the Court is a ----oo0oo---v. SIERRA PACIFIC MORTGAGE COMPANY, INC., et al., FELIPE T. LAPASTORA, Plaintiff, MEMORANDUM AND ORDER No. 2:10-cv-01919-MCE-KJM UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Motion by Defendant Central Mortgage Company, Inc. ("Defendant") to Dismiss the claims alleged against them in Plaintiff's Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff has failed to timely file an opposition. /// /// 1

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Pursuant to Local Rule 230(c), opposition to a motion must be filed not less than fourteen (14) days prior to the date of the hearing. The date of the hearing on the motion was set for Fourteen (14) days prior to the hearing was No opposition was filed as required.

September 16, 2010. September 2, 2010.

In light of the fact that no opposition was filed by Plaintiff, Defendant's Motion to Dismiss1 (ECF No. 5) is GRANTED with leave to amend. As a result of the failure to respond to this Motion, within ten (10) days from the date this order is electronically filed, Plaintiff's counsel shall either (1) personally pay sanctions in the amount of $250.00 to the Clerk of the Court2, or (2) show good cause for the failure to comply with Local Rule 230(c). Plaintiff may file an amended complaint not later than twenty (20) days after the date this Memorandum and Order is filed electronically. If no amended complaint is filed within said

twenty (20)-day period, without further notice, Plaintiff's claims will be dismissed without leave to amend. IT IS SO ORDERED. Dated: September 17, 2010

_____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

Because oral argument will not be of material assistance, the Court orders this matter submitted on the briefs. E.D. Cal. Local Rule 230(g). The Court is authorized to impose sanctions for failure to comply with the Local Rules. E.D. Cal. Local Rule 110. 2
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