Fortmuller v. Wells Fargo

Filing 19

ORDER GRANTING with prejudice defendants' 7 Motion to Dismiss, signed by Judge John A. Mendez on 8/4/11. It is further ordered that WITHIN ten days of this Order Steven C. Lynes shall either (1) pay sanctions of $150.00 to the Clerk, or (2) submit a statement of good cause explaining his failure to comply with Local Rule 230(c). CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRYN FORTMULLER, an individual

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Plaintiff,
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v.
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WELLS FARGO BANK, aka Wachovia
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Mortgage, a division of Wells
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Fargo formerly World Savings,
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and DOES 1 through 5, inclusive, )
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Defendants.
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Case No. 2:11-CV-00948 JAM-DAD
ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS

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This matter comes before the Court on Defendant Wells Fargo

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Bank, N.A., successor by merger with Wells Fargo Bank Southwest,

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N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB’s

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(“Wells Fargo”) Motion to Dismiss (Doc. #7) Plaintiff Bryn

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Fortmuller’s (“Plaintiff”) Complaint (Doc. #1), pursuant to Federal

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Rules of Civil Procedure 12(b)(6).

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Motion to Dismiss.1
Plaintiff did not file an opposition or statement of non-

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Plaintiff did not oppose the

opposition to Defendants’ Motion to Dismiss.
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Local Rule 230(c)

This motion was determined to be suitable for decision without
oral argument. E.D. Cal. L.R. 230(g). The hearing was originally
scheduled for August 3, 2011.
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requires a party responding to a motion to file either an

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opposition to the motion or a statement of non-opposition, no less

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than fourteen (14) days preceding the noticed hearing date.

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Rule 110 authorizes the Court to impose sanctions for “failure of

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counsel or of a party to comply with these Rules.”

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Court will sanction Plaintiff’s counsel, Steven C. Lynes, $150.00

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unless he shows good cause for his failure to comply with the Local

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Rules.

Local

Therefore, the

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ORDER

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After carefully considering the papers submitted in this

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matter, it is hereby ordered that Defendants’ Motion to Dismiss is

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GRANTED, WITH PREJUDICE.

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(10) days of this Order Steven C. Lynes shall either (1) pay

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sanctions of $150.00 to the Clerk of the Court, or (2) submit a

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statement of good cause explaining his failure to comply with Local

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Rule 230(c).

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It is further ordered that within ten

IT IS SO ORDERED.
Dated: August 4,2011

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JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE

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