Roe, et al v. Bank of America, National Association, et al

Filing 12

ORDER signed by Chief Judge Morrison C. England, Jr on 3/27/13 GRANTING 6 Motion to Dismiss with leave to amend the complaint within 20 days and DENYING as moot 8 Motion to Strike. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RUTH ROE and ELIZABETH HALE,

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Plaintiffs,

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No. 2:12-cv-03019-MCE-JFM

v.

ORDER

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

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Defendants.

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Presently before the Court is a motion by Defendants Bank of America, N.A. and

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Wells Fargo Bank, N.A. (“Defendants”) to dismiss the Complaint of Plaintiffs Ruth Roe

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and Elizabeth Hale (“Plaintiffs”) for failure to state a claim upon which relief may be

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granted pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 6.) Defendants

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also filed a motion to strike portions of Plaintiffs’ Complaint. (ECF No. 8).
Pursuant to Local Rule 230(c), opposition to a motion must be filed not less than

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fourteen (14) days prior to the date of the hearing. The date of the hearing on

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Defendants’ motions was set for March 21, 2013. To date, Plaintiffs have filed no

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opposition to Defendants’ motions. Given Plaintiffs’ failure to file an opposition,

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Defendants’ Motion to Dismiss (ECF No. 6) is GRANTED with leave to amend.

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In light of the Court’s decision to grant Defendants’ Motion to Dismiss, Defendants’

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Motion to Strike (ECF No. 8) is DENIED as moot.

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Plaintiffs may file an amended complaint, if they choose to do so, not later than

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twenty (20) days after the date this Order is filed electronically. If no amended complaint

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is filed within said twenty-day period, the Court will dismiss this action with prejudice

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without further notice to the parties.

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IT IS SO ORDERED.

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DATED: March 27, 2013

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

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