Mcardle v. Power Default Services, et al.,

Filing 17

ORDER AND ORDER TO SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 5/16/2011 ORDERING Hearings on Motions to Dismiss, CONTINUED to 6/22/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan, 7 , 9 ; pltf shall show cause, in writing by 6/8/2011; pltf opposition to motions, or a statement of non-opposition by 6/8/2011; dfts reply to opposition by 6/15/2011. (Reader, L)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL MCARDLE, 11 12 13 14 Plaintiff, No. CIV S-11-0814 LKK EFB (TEMP) PS vs. POWER DEFAULT SERVICES, et al., ORDER AND ORDER TO SHOW CAUSE Defendants. / 15 16 This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to 17 Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On March 31, 18 2011, defendant Power Default Services, Mortgage Electronic Registration Systems, Inc., U.S. 19 Bank N.A. and American Home Mortgage Servicing, Inc. filed a motion to dismiss and re- 20 noticed the motion for hearing before the undersigned on May 25, 2011. Dckt. Nos. 7, 11. On 21 April 1, 2011, defendant Fidelity National Title Co. filed a motion to dismiss and also re-noticed 22 the motion for hearing on May 25, 2011. Dckt. Nos. 9, 12. 23 Court records reflect that plaintiff has filed neither an opposition nor a statement of 24 non-opposition to defendants’ motions. Local Rule 230(c) provides that opposition to the 25 granting of a motion, or a statement of non-opposition thereto, must be served upon the moving 26 party, and filed with this court, no later than fourteen days preceding the noticed hearing date or, 1 1 in this instance, by May 11, 2011. Local Rule 230(c) further provides that “[n]o party will be 2 entitled to be heard in opposition to a motion at oral arguments if opposition to the motion has 3 not been timely filed by that party.” 4 Local Rule 183, governing persons appearing in pro se, provides that failure to comply 5 with the Federal Rules of Civil Procedure and Local Rules may be ground for dismissal, 6 judgment by default, or other appropriate sanction. Local Rule 110 provides that failure to 7 comply with the Local Rules “may be grounds for imposition by the Court of any and all 8 sanctions authorized by statute or Rule or within the inherent power of the Court.” See also 9 Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (“Failure to follow a district court’s local rules 10 is a proper ground for dismissal.”). Pro se litigants are bound by the rules of procedure, even 11 though pleadings are liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th 12 Cir. 1987). 13 Accordingly, good cause appearing, IT IS HEREBY ORDERED that: 14 1. The hearing on defendants’ motions to dismiss, Dckt. Nos. 7 and 9, is continued to 15 June 22, 2011. 2. Plaintiff shall show cause, in writing, no later than June 8, 2011, why sanctions should 16 17 not be imposed for failure to timely file an opposition or a statement of non-opposition to the 18 pending motions. 3. Plaintiff shall file an opposition to the motions, or a statement of non-opposition 19 20 thereto, no later than June 8, 2011. 4. Failure of plaintiff to file an opposition will be deemed a statement of non-opposition 21 22 to the pending motions, and may result in a recommendation that this action be dismissed for 23 lack of prosecution and/or for failure to comply with court orders and this court’s Local Rules. 24 See Fed. R. Civ. P. 41(b). 25 //// 26 //// 2 5. Defendants may file a reply to plaintiffs’ opposition(s), if any, on or before June 15, 1 2 3 4 2011. SO ORDERED. DATED: May 16, 2011. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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