Latuhoi v. Bank of America N.A et al

Filing 7

ORDER signed by Magistrate Judge John F. Moulds on 4/10/2012. Defendants' 4 Motion to Dismiss Hearing is CONTINUED to 5/17/2012 at 11:00 AM. Plaintiff shall file Opposition, if any, Motion to Dismiss no later than 5/3/2012. (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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SIONE V. LATUHOI,
Plaintiff,

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No. CIV 2:12-cv-0370-MCE-JFM (PS)

vs.
BANK OF AMERICA, N.A., et al.,
Defendants.

ORDER
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This action was referred to the undersigned pursuant to Local Rule 72-302(c)(21).

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On March 6, 2012, defendants filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). No

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opposition to the motion to dismiss has been filed.

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Local Rule 78-230(c) provides that opposition to the granting of a motion must be

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filed fourteen days preceding the noticed hearing date. The Rule further provides that “[n]o

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party will be entitled to be heard in opposition to a motion at oral arguments if written opposition

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to the motion has not been timely filed by that party.” In addition, Local Rule 78-230(j)

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provides that failure to appear may be deemed withdrawal of opposition to the motion or may

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result in sanctions. Finally, Local Rule 11-110 provides that failure to comply with the Local

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Rules “may be grounds for imposition of any and all sanctions authorized by statute or Rule or

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within the inherent power of the Court.”
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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of April 19, 2012 is vacated. Hearing on defendants’ motion

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to dismiss is continued to May 17, 2012 at 11:00 a.m. in courtroom no. 26.
2. Plaintiff shall file opposition, if any, to the motion to dismiss, no later than

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May 3, 2012. Failure to file opposition and appear at the hearing will be deemed as a statement

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of non-opposition and shall result in a recommendation that this action be dismissed pursuant to

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Federal Rule of Civil Procedure 41(b).

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DATED: April 10, 2012.

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/014;latu0370.nooppo

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