Rosene et al v. American Brokers Conduit et al

Filing 10

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 3/5/12 CONTINUING Hearing as to 5 MOTION to DISMISS RESET for 4/25/2012 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan; ORDERING plaintiffs to show cau se in writing no later than 4/11/12 why sanctions should not be imposed for failure to timely file an opposition or a statement of non-opposition to the pending motion. Plaintiffs shall file an opposition to the motion, or a statement of non-opposit ion thereto, no later than 4/11/12. Failure of Plaintiffs to file an opposition will be deemed a statement of non-opposition to the pending motion, and may result in a recommendation that this action be dismissed for lack of prosecution and/or for failure to comply with court orders and this courts Local Rules. Defendants may file a reply to plaintiffs opposition on or before 4/18/12. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONALD G. ROSENE;
SHAUN L. ROSENE,

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Plaintiffs,

No. CIV S-12-107 KJM EFB PS

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vs.
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AMERICAN BROKERS CONDUIT;
PLACER TITLE COMPANY;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.;
DEFAULT RESOLUTIONS NETWORK;
POWER DEFAULT SERVICES, INC.;
and DOES 1 through 520, inclusive,

ORDER TO SHOW CAUSE

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Defendants.
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This case, in which plaintiffs are proceeding pro se, is before the undersigned pursuant to

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Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On January 13,

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2012, defendants Mortgage Electronic Registration Systems, Inc. and Power Default Services,

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Inc. removed this action from Placer County Superior Court. Dckt. No. 1. Those defendants

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then filed a motion to dismiss the complaint and noticed the motion to be heard on March 14,

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2012. Dckt. Nos. 5, 7.

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Court records reflect that plaintiffs have filed neither an opposition nor a statement of
non-opposition to the motion to dismiss. Local Rule 230(c) provides that opposition to the
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granting of a motion, or a statement of non-opposition thereto, must be served upon the moving

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party, and filed with this court, no later than fourteen days preceding the noticed hearing date or,

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in this instance, by February 29, 2012. Local Rule 230(c) further provides that “[n]o party will

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be entitled to be heard in opposition to a motion at oral arguments if opposition to the motion has

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not been timely filed by that party.”

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Local Rule 183, governing persons appearing in pro se, provides that failure to comply

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with the Federal Rules of Civil Procedure and Local Rules may be ground for dismissal,

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judgment by default, or other appropriate sanction. Local Rule 110 provides that failure to

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comply with the Local Rules “may be grounds for imposition by the Court of any and all

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sanctions authorized by statute or Rule or within the inherent power of the Court.” See also

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Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995) (“Failure to follow a district court’s local rules

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is a proper ground for dismissal.”). Pro se litigants are bound by the rules of procedure, even

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though pleadings are liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567 (9th

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Cir. 1987).

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Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing on defendants’ motion to dismiss, Dckt. No. 5, is continued to April 25,

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2012.
2. Plaintiffs shall show cause, in writing, no later than April 11, 2012, why sanctions

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

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the pending motion.

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3. Plaintiffs shall file an opposition to the motion, or a statement of non-opposition
thereto, no later than April 11, 2012.

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4. Failure of plaintiffs to file an opposition will be deemed a statement of non-opposition

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to the pending motion, and may result in a recommendation that this action be dismissed for lack

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of prosecution and/or for failure to comply with court orders and this court’s Local Rules. See

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Fed. R. Civ. P. 41(b).
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5. Defendants may file a reply to plaintiffs’ opposition on or before April 18, 2012.

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SO ORDERED.

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DATED: March 5, 2012.

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