Pena v. Wells Fargo Bank NA et al

Filing 15

ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 8/25/2011. The hearing date of 9/7/2011 is VACATED and defendants' Motions 6 to Dismiss and 7 to Strike Hearing is RE-SCHEDULED for 10/12/2011 at 10:00 AM in Courtroom 26 ( CKD). Plaintiff shall SHOW CAUSE in writing, no later than 9/21/2011, why sanctions should not be imposed for failure to timely file Opposition or Statement of Non-Opposition to pending Motions. Plaintiff directed to file Opposition or Statement of Non-Opposition no later than 9/21/2011. Reply, if any, shall be filed no later than 9/28/2011. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIA PENA,

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Plaintiff,

CIV. NO. S-11-1761 LKK CKD PS

vs.
WELLS FARGO BANK NA, et al.,

ORDER AND

Defendant.

ORDER TO SHOW CAUSE
/

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Plaintiff is proceeding pro se in this action, referred to the undersigned pursuant to

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Local Rule 302(c)(21). Defendants’ motion to dismiss is presently noticed for hearing on the

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September 7, 2011 law and motion calendar of the undersigned. Opposition to motions, or a

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statement of non-opposition thereto, must be filed fourteen days preceding the noticed hearing

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date. E.D. Cal. L. R. 230(c). Court records reflect that plaintiff failed to timely file opposition or

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a statement of non-opposition to the motion.

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Failure to comply with the Local Rules “may be grounds for imposition by the

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Court of any and all sanctions authorized by statute or Rule or within the inherent power of the

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Court.” E.D. Cal. L. R. 11-110; see Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

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Additionally, “[n]o party will be entitled to be heard in opposition to a motion at oral arguments

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if written opposition to the motion has not been timely filed.” E.D. Cal. L. R. 230(c). Pro se

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litigants are bound by the rules of procedure, even though pleadings are liberally construed in

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their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987); Jacobsen v. Filler, 790 F.2d 1362,
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1364-65 (9th Cir.1986). The Local Rules specifically provide that cases of persons appearing in

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propria persona who fail to comply with the Federal and Local Rules are subject to dismissal,

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judgment by default, and other appropriate sanctions. E.D. Cal. L. R. 183.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of September 7, 2011 is vacated. Hearing on defendants’

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motion is continued to October 12, 2011 at 10:00 a.m. in courtroom no. 26.

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2. Plaintiff shall show cause, in writing, no later than September 21, 2011 why

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sanctions should not be imposed for failure timely to file opposition or a statement of non-

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opposition to the pending motion.

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3. Plaintiff is directed to file opposition, if any, to the motion, or a statement of

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non-opposition thereto, no later than September 21, 2011. Failure to file opposition and appear

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at hearing, or to file a statement of non-opposition, will be deemed a statement of non-

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opposition, and shall result in a recommendation that this action be dismissed.

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4. Reply, if any, shall be filed no later than September 28, 2011.

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Dated: August 25, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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pena.nop.con

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