Esoimeme v. Wells Fargo Bank et al

Filing 41

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/25/2012 CONTINUING the Motion Hearing as to 38 , 39 Motions to Dismiss to 7/11/2012 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan; ORDERING Plaintiff to SHOW CAU SE, in writing, by 6/20/2012, as to why sanctions should not be imposed for failure to file a timely Opposition or Statement of Non-Opposition to 38 , 39 Motions to Dismiss; ORDERING Plaintiff to file an Opposition or Statement of Non-Opposition to 38 , 39 Motions to Dismiss by 6/20/2012, Defendant's Reply, if any, due by 6/27/2012. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATHIAS ESOIMEME,
Plaintiff,

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No. CIV S-10-2259 JAM EFB PS

vs.
WELLS FARGO BANK; NDEX WEST LLC;
WORLD SAVINGS BANK; and DOES 1-100,
inclusive,
Defendants.
______________________________________/

ORDER TO SHOW CAUSE

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This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to

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Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On April 30,

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2012, defendant Wells Fargo Bank, N.A., successor by merger with Wells Fargo Bank

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Southwest, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB (“Wells

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Fargo”) (erroneously sued separately as “Wells Fargo Bank” and “World Savings Bank”) filed

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two separate motions to dismiss plaintiff’s second amended complaint, and noticed the motions

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to be heard on June 6, 2012. Dckt. Nos. 38, 39.

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Court records reflect that plaintiff has filed neither an opposition nor a statement of

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non-opposition to the motions. Local Rule 230(c) provides that opposition to the granting of a

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motion, or a statement of non-opposition thereto, must be served upon the moving party, and
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filed with this court, no later than fourteen days preceding the noticed hearing date or, in this

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instance, by May 23, 2012. Local Rule 230(c) further provides that “[n]o party will be entitled

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to be heard in opposition to a motion at oral arguments if opposition to the motion has not been

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timely filed by that party.”

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Local Rule 183, governing persons appearing in pro se, provides that failure to comply

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with the Federal Rules of Civil Procedure and Local Rules may be ground for dismissal,

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judgment by default, or other appropriate sanction. Local Rule 110 provides that failure to

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comply with the Local Rules “may be grounds for imposition by the Court of any and all

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sanctions authorized by statute or Rule or within the inherent power of the Court.” See also

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Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (“Failure to follow a district court’s local rules

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is a proper ground for dismissal.”). Pro se litigants are bound by the rules of procedure, even

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though pleadings are liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th

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Cir. 1987).

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Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing on the two pending motions to dismiss, Dckt. Nos. 38 and 39, is

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continued to July 11, 2012.

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2. Plaintiff shall show cause, in writing, no later than June 20, 2012, why sanctions

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should not be imposed for failure to timely file an opposition or a statement of non-opposition to

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the pending motions.

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3. Plaintiff shall file an opposition to each of the motions, or a statement of
non-opposition thereto, no later than June 20, 2012.

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4. Failure of plaintiff to file an opposition to each motion will be deemed a statement of

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non-opposition thereto, and may result in a recommendation that one or both of the motions be

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granted or that this action be dismissed with prejudice for failure to follow court orders and/or

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for lack of prosecution under Rule 41(b).

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5. Wells Fargo Bank may file a reply to plaintiff’s opposition(s), if any, on or before
June 27, 2012.
SO ORDERED.
DATED: May 25, 2012.

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