Lizama, et al v. Nationstar Mortgage LLC, et al
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 9/25/13: Plaintiffs shall show cause in writing within fourteen days of the date of this order why this case should not be dismissed for lack of prosecution. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MICHAEL LIZAMA and MARIANNE
LIZAMA,
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Plaintiffs,
No. 2:13-cv-1415 LKK DAD PS
ORDER
v.
NATIONSTAR MORTGAGE LLC, et al.,
Defendants.
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Plaintiffs Michael Lizama and Marianne Lizama are proceeding pro se in this
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action. The action has therefore been referred to the undersigned pursuant to Local Rule
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302(c)(21) for all purposes encompassed by that rule.
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This matter came before the court on September 20, 2013, for hearing of
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defendants’ motions to dismiss. Kimberly Paese, Esq. and Connie Tcheng, Esq. appeared for the
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defendants. Despite being served with notice of the motion neither plaintiff filed written
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opposition or a statement of non-opposition to the motions to dismiss and neither plaintiff
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appeared at the hearing of the motion, nor did anyone appear on behalf of either plaintiff.
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Pursuant to the Local Rules of Practice for the United States District Court for the
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Eastern District of California, opposition, if any, to the granting of a motion “shall be in writing
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and shall be filed and served not less than fourteen (14) days preceding the noticed (or continued)
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hearing date.” Local Rule 230(c). “No party will be entitled to be heard in opposition to a
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motion at oral arguments if opposition to the motion has not been timely filed by that party.” Id.
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Failure to appear at the hearing of a properly noticed motion may be deemed withdrawal of any
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written opposition that was timely filed, in the discretion of the court, or may result in the
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imposition of sanctions. Local Rule 230(i). Failure of a party to comply with the Local Rules or
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any order of the court “may be grounds for imposition by the Court of any and all sanctions
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authorized by statute or Rule or within the inherent power of the Court.” Local Rule 110. Any
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individual representing himself or herself without an attorney is bound by the Federal Rules of
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Civil Procedure, the Local Rules, and all applicable law. Local Rule 183(a). Failure to comply
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with applicable rules and law may be grounds for dismissal or any other sanction appropriate
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under the Local Rules. Id.
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Here, plaintiffs have failed to comply with Local Rule 230. In light of plaintiffs’
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pro se status and in the interests of justice, the court will provide plaintiffs with an opportunity to
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show good cause for their conduct along with a final opportunity to oppose defendants’ motions.
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Accordingly, the court HEREBY ORDERS that plaintiffs show cause in writing
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within fourteen days of the date of this order why this case should not be dismissed for lack of
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prosecution. Failure to timely file the required writing will result in a recommendation that this
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case be dismissed.
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Dated: September 25, 2013
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DAD:6
Ddad1\orders.pro se\lizama1415.osc.docx
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