Sherwood v. Select Portfolio Servicing, Inc. et al

Filing 8

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/6/14 VACATING hearing date of 6/18/14 re: 4 MOTION to DISMISS. Plaintiff's opposition due 6/11/2014, Reply, if any, due by 6/18/2014. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND SHERWOOD,

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No. 2:14-cv-0478 KJM CKD PS

Plaintiff,
v.

ORDER

WELLS FARGO BANK, et al.,
Defendants.

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

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Calendared for hearing on June 18, 2014 is defendants’ motion to dismiss. The motion was

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previously calendared for hearing on May 7, 2014. The parties requested a continuance of the

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hearing because they were attempting to settle the matter. The court therefore continued the

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hearing and directed that opposition, if any, be filed no later than June 4, 2014. No opposition to

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the motion has been filed and the parties have not filed a notice of settlement.

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

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

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

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motion has not been timely filed by that party.” In addition, Local Rule 230(i) provides that

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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 June 18, 2014 is vacated.

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2. Plaintiff shall file opposition, if any, to the motion no later than June 11, 2014. Failure

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to file opposition will be deemed as a statement of non-opposition and shall result in submission

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of the motion on the papers and a recommendation that this action be dismissed pursuant to

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Federal Rule of Civil Procedure 41(b). In lieu of filing an opposition, the parties may file a notice

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of settlement.

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3. Reply, if any, shall be filed no later than June 18, 2014. The matter shall thereafter

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stand submitted.

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Dated: June 6, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 sherwood.nop

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