Dye v. First Source Funding Group, Inc. et al

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 3/4/2013 ORDERING that the hearing date of 3/13/2013 is VACATED. Hearing on defendants 5 motion to dismiss is CONTINUED to 4/24/2013 at 10:00 a.m. in courtroom no. 26. Plaintiff shall file opposition, if any, to the motion to dismiss, no later than 4/10/2013. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MELANIE DYE,
Plaintiff,

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No. 2:12-cv-3090 MCE AC PS

vs.

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FIRST SOURCE FUNDING GROUP,
INC. et al.,
Defendants.

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/

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ORDER

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

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On January 25, 2013, defendants Bank of America, N.A., Landsafe Inc., Mortgage Electronic

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Registration Systems, Inc., and Reconstruct Company, N.A. filed a motion to dismiss pursuant to

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Fed. R. Civ. P. 12(b)(1) and (b)(6). The hearing on this motion is currently set for March 13,

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2013. To date, no opposition to the motion to dismiss has been filed.

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Local Rule 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 230(j) provides

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that failure to appear may be deemed withdrawal of opposition to the motion or may result in
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sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be

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grounds for imposition of any and all sanctions authorized by statute or Rule or within the

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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 March 13, 2013 is vacated. Hearing on defendants’

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motion to dismiss is continued to April 24, 2013 at 10:00 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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April 10, 2013. Failure to file opposition and/or appear at the hearing will be deemed as a

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

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pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: March 4, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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/mb;dye3090.nooppo

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