Francisco, et al v. Citibank, N.A.

Filing 19

ORDER signed by Chief Judge Morrison C. England, Jr. on 9/20/2013 GRANTING defendant's 11 Motion to Dismiss with leave to amend. Plaintiff may file an Amended Complaint no later than 30 days after date of Memorandum and Order is filed electronically. If no Amended Complaint is filed within said 30-day period, without notice, plaintiff's claims will dismissed without leave to amend. (Marciel, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 ARNEL FRANCISCO and JANETH FRANCISCO, Plaintiffs, 13 14 15 16 v. No. 2:13-CV-01195-MCE-DAD ORDER CITIBANK, N.A., Defendant. 17 18 Presently before the Court is a motion by Defendant Citibank, N.A. (“Defendant”) 19 to dismiss the Complaint of Plaintiffs Arnel Francisco and Janeth Francisco (“Plaintiffs”) 20 for failure to state a claim upon which relief can be granted, pursuant to Federal Rule of 21 Civil Procedure 12(b)(6). (ECF No. 11.) Plaintiffs failed to file a timely Opposition to 22 Defendant’s Motion. 23 Pursuant to Local Rule 78-230(c), the opposition to a motion must be filed not 24 less than fourteen (14) days prior to the date of the hearing. The date of the hearing on 25 Defendant’s Motion was set for September 19, 2013. Fourteen (14) days prior to the 26 hearing was September 5, 2013. No opposition was filed as required. In light of the fact 27 that no opposition was filed by Plaintiffs, Defendant’s Motion to Dismiss (ECF No. 11) is 28 GRANTED with leave to amend. 1 1 Plaintiff may file an amended complaint not later than thirty (30) days after the 2 date this Memorandum and Order is filed electronically. If no amended complaint is filed 3 within said thirty (30)-day period, without further notice, Plaintiffs’ claims will be 4 dismissed without leave to amend. 5 IT IS SO ORDERED. 6 Dated: September 20, 2013 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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