Jojola et al v. Wells Fargo Bank, N.A. et al

Filing 12

ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/13/10 ORDERING the hearing date on dfts' motion to dismiss 6 is CONTINUED to 12/8/10 at 10:00 AM in Courtroom 26 before Magistrate Judge Kimberly J. Mueller. (Carlos, K)

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(PS) Jojola et al v. Wells Fargo Bank, N.A. et al Doc. 12 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 vs. WELLS FARGO BANK, N.A., et al., Defendants. / This action was referred to the undersigned pursuant to Local Rule 302(c)(21). Calendared for hearing on October 20, 2010 is defendants' motion to dismiss. No opposition to the motion has been filed. Local Rule 230(c) provides that opposition to the granting of a motion must be filed fourteen days preceding the noticed hearing date. The Rule further provides that "[n]o party will be entitled to be heard in opposition to a motion at oral arguments if written opposition to the motion has not been timely filed by that party." In addition, Local Rule 230(I) provides that failure to appear may be deemed withdrawal of opposition to the motion or may result in sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules "may be grounds for imposition of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA PATRICK JOJOLA, et al., Plaintiffs, No. CIV S-10-2351 LKK KJM PS ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 006 Good cause appearing, IT IS HEREBY ORDERED that: 1. The hearing date of October 20, 2010 is vacated. Hearing on defendants' motion is continued to December 8, 2010 at 10:00 a.m. in courtroom no. 26. 2. Plaintiff shall file opposition, if any, to the motion no later than November 24, 2010 . Failure to file opposition will be deemed as a statement of non-opposition and shall result in submission of the motion on the papers and a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). DATED: October 13, 2010. 26 jojola.nop 2

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