Nash v. Wachovia Bank et al

Filing 59

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/13/2017 ORDERING the hearing re 50 Motion on Judgment on the Pleadings is CONTINUED to 2/15/2017 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. Plaintiff shall f ile an opposition to the motion, or a statement of non opposition no later than 2/1/2017. Failure to file an opposition to the motion will be deemed a statement of nonopposition thereto, and may result in a recommendation that this action be dismissed. Defendant may file a reply to plaintiff's opposition, if any, on or before 2/8/2017. DISCHARGING 53 Order to Show Cause and no sanctions are imposed. (Washington, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE R. NASH,

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Plaintiffs,

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No. 2:14-cv-850-MCE-EFB PS

v.

ORDER

WACHOVIA BANK, WELLS FARGO
BANK, EQUIFAX INFORMATION
SYSTEM LLC., and DOES 1-20,
inclusive,
Defendants.

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On November 17, 2016, defendant Wells Fargo Bank, N.A. filed a motion for judgment

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on the pleadings pursuant to Federal Rule of Civil Procedure 12(c), and noticed the motion for

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hearing on December 21, 2016. ECF No. 50. Plaintiff failed to timely file a response to the

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motion. Accordingly, the hearing on the motion was continued to January 18, 2017, and plaintiff

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was directed, by no later than January 4, 2017, to file an opposition or statement of non-

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opposition to the motion and show cause why sanctions should not be imposed for her failure to

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timely file an opposition or statement of non-opposition to the pending motion. ECF No. 53.

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In her belated response to the court’s order, plaintiff explains that she did not initially

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receive a copy of Wells Fargo’s motion, but that Wells Fargo’s counsel faxed her a copy of the

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motion on January 3, 2017.1 In light of plaintiff’s representations and pro se status, the order to

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show cause is discharged and the hearing on Wells Fargo’s motion will be continued to allow

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plaintiff an opportunity to file an opposition.

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Accordingly, it is hereby ORDERED that:

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1. The hearing on defendant’s motion for judgment on the pleadings (ECF No. 50) is

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continued to February 15, 2017 at 10:00 a.m. in Courtroom No. 8.

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2. Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto,
no later than February 1, 2017.

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3. Failure to file an opposition to the motion will be deemed a statement of non-

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opposition thereto, and may result in a recommendation that this action be dismissed for lack of

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prosecution and/or for failure to comply with court orders and this court’s Local Rules. See Fed.

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R. Civ. P. 41(b).

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4. Defendant may file a reply to plaintiff’s opposition, if any, on or before February 8,
2017.
5. The December 15, 2016 order to show cause is discharged and no sanctions are

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imposed.

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DATED: January 13, 2017.

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The proof of service filed with Wells Fargo’s motion indicates that plaintiff was served
by mail a copy of the motion on November 17, 2016. ECF No. 50-1.
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