Fortmuller v. Wells Fargo

Filing 21

ORDER granting with prejudice 7 Defendants' Motion to Dismiss, signed by Judge John A. Mendez on 8/4/11. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LISA 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-00950 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 Lisa

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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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imposed a possible fine of $150.00 on Plaintiff’s counsel, Steven

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C. Lynes, in the related action Fortmuller v. Wells Fargo, No. 11-

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CV-00948 JAM-DAD, the Court will not impose sanctions in the

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instant case.

Local

Since the Court

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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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IT IS SO ORDERED.

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Dated: August 4, 2011

____________________________
JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE

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