Marzette v. Provident Savings Bank, F.S.B. et al

Filing 24

ORDER signed by Judge John A. Mendez on 2/27/12 GRANTING WITH PREJUDICE 19 Motion to Dismiss; NDEX West, LLC's joinder motion is also GRANTED. IT IS FURTHER ORDERED within 10 days of the date of this Order, Mr. Taylor must either (1) submit a statement of good cause for his failure to comply with the local rules, or (2) pay a sanction in the amount of $150.00 to the Clerk of the Court. Wells Fargo, N.A., America's Servicing Company and NDEX West, LLC terminated. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PAULINE MARZETTE, an individual, )
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Plaintiff,
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v.
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PROVIDENT SAVINGS BANK, F.S.B.; )
WELLS FARGO; AMERICAN SERVICING )
COMPANY; NDEX WEST, LLC; E*TRADE )
BANK; and DOES 1-20, inclusive, )
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Defendants.
)

Case No. 2:11-CV-2089 JAM-CKD
ORDER GRANTING DEFENDANTS’
MOTION TO DISMISS

This matter is before the Court on Defendants’ Wells Fargo,

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N.A. (named herein as “Wells Fargo”)and America’s Servicing Company

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(named herein as “American Servicing Company”) (collectively

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“Defendants”) Motion to Dismiss (Doc. #19) Plaintiff Pauline

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Marzette’s (“Plaintiff”) First Amended Complaint (“FAC”) (Doc.

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#18).1

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claim pursuant to Federal Rule of Civil Procedure 12(b)(6).

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Defendant NDEX West, LLC joined in the motion to dismiss (Doc.

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#21).

Defendants move to dismiss the FAC for failure to state a

Plaintiff did not file an opposition or statement of non-

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This matter was determined to be suitable for decision without
oral argument. E.D. Cal. L.R. 230(g). Oral argument was scheduled
for February 22, 2012.
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opposition in response to the motion to dismiss or the joinder

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motion.

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Having carefully reviewed the papers, the Court finds that the

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FAC fails to state a claim and should be dismissed without leave to

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amend for the reasons set forth in Defendants’ motion.

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Accordingly, Defendant’s motion to dismiss is GRANTED.

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LLC’s joinder motion is also granted, and all claims against NDEX

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West, LLC are likewise dismissed without leave to amend.

NDEX West,

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Additionally, Eastern District Local Rule 230(c) requires a

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party responding to a motion to file either an opposition to the

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motion or a statement of non-opposition, no less than fourteen (14)

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days preceding the noticed hearing date.

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the Court to impose sanctions for “failure of counsel or of a party

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to comply with these Rules.”

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or statement of non-opposition in response to the motion to

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dismiss.

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Swazi N. Taylor, $150.00, unless he shows good cause for his

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failure to comply with the Local Rules.

Plaintiff did not file an opposition

Therefore, the Court will sanction Plaintiff’s counsel,

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Local Rule 110 authorizes

ORDER
For the reasons set forth above, Defendants’ Motion to Dismiss

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is GRANTED, WITH PREJUDICE.

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also GRANTED.

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NDEX West, LLC’s joinder motion is

It is further ordered, within ten (10) days of the date of

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this Order, Mr. Taylor must either (1) submit a statement of good

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cause for his failure to comply with the local rules, or (2) pay a

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sanction in the amount of $150.00 to the Clerk of the Court.

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IT IS SO ORDERED.
Dated: February 27, 2012

____________________________
JOHN A. MENDEZ,
UNITED STATES DISTRICT JUDGE

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