Costelo v. Pro30 Funding et al

Filing 18

ORDER signed by Magistrate Judge John F. Moulds on 4/21/11 ORDERING that the hearing on defendants motions currently set for 4/28/11 is hereby continued to 6/23/11 at 11:00 a.m. in courtroom #26; and Within thirty days of the date of this order, plaintiff shall file an opposition, if any, to the motions to dismiss. (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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CELSO COSTELO,
Plaintiff,

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vs.

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No. CIV 2:10-cv-2049-KJM-JFM (PS)

PRO30 FUNDING, et al.,
Defendants.

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ORDER
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On January 24, 2011, defendant Mortgage Electronic Registration Systems, Inc.,

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filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). On January 27, 2011, defendant

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Placer Title Company also filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Both

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hearings were continued to April 28, 2011 due to plaintiff’s failure to file an opposition to either

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motion. Plaintiff has again failed to file an opposition to either motion.
Local Rule 230(l) provides in part: “Failure of the responding party to file written

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opposition or to file a statement of no opposition may be deemed a waiver of any opposition to

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the granting of the motion . . . .” On March 16, 2011, plaintiff was advised of the requirements

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for filing an opposition to the motion and that failure to oppose such a motion may be deemed a

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waiver of opposition to the motion.

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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.” In the order filed March 16, 2011, plaintiff was advised that

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failure to comply with the Local Rules may result in a recommendation that the action be

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dismissed.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing on defendants’ motions currently set for April 28, 2011 is hereby

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continued to June 23, 2011 at 11:00 a.m. in courtroom #26; and
2. Within thirty days of the date of this order, plaintiff shall file an opposition, if

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any, to the motions to dismiss. Failure to file an opposition will be deemed as a statement of

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

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Federal Rule of Civil Procedure 41(b).

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DATED: April 21, 2011.

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/014;cost2049.46.osc

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