Guinto et al v. Wells Fargo Bank et al

Filing 31

ORDER signed by Senior Judge Lawrence K. Karlton on 5/13/2011 ORDERING Counsel for pltfs is hereby ORDERED TO SHOW CAUSE in writing why sanctions should not issue in accordance with LR 110, including a fine of $150 and/or dismissal of this case, for their failure to file an opposition or statement of non-opposition to the motions; Counsel shall file a response to this OSC no later than 5/23/2011; Additionally, the court does not find oral argument necessary in this matter; the hearing on the motion currently set for 5/23/2011 is VACATED; deadlines for filing reply memoranda, if any, remain unchanged. 16 , 20 (Reader, L)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 JOY AND DANTE GUINTO,
individuals,
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NO. CIV. S-11-372 LKK/GGH

Plaintiffs,
v.

14 WELLS FARGO BANK, a National
Association; and DOES 1
15 through 50, inclusive,
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Defendants.

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O R D E R

/
Defendant Wells Fargo Bank, N.A. in the above captioned case

19 filed

a

motion

to

dismiss

plaintiffs

Joy

and

Dante

Guinto’s

20 complaint which is set to be heard on May 23, 2011. Pursuant to
21 Local Rule 230(c), plaintiffs’ opposition or statement of non22 opposition

was

due

on

May

9,

2011.

Plaintiffs

filed

their

23 opposition after close of business on May 12, 2011.
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Based on the above, the court ORDERS as follows:

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1.

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Counsel for plaintiffs is hereby ORDERED TO SHOW CAUSE in
writing why sanctions should not issue in accordance with
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Local Rule 110, including a fine of $150 and/or dismissal

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of this case, for their failure to file an opposition or

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statement of non-opposition to the motions.

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Fed. R. Civ. P. 41(b), Link v. Wabash R.R., 370 U.S. 626,

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633 (1962). Counsel shall file a response to this order

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to show cause no later than May 23, 2011.

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2.

See also

Additionally, the court does not find oral argument

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necessary in this matter. Accordingly, the hearing on the

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above motion currently set for May 23, 2011 (Doc. Nos.

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16, 20) is VACATED. Deadlines for filing reply memoranda,

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if any, remain unchanged.

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IT IS SO ORDERED.

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DATED:

May 13, 2011.

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