Nash v. Wachovia Bank et al
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MAURICE R. NASH,
No. 2:14-cv-850-MCE-EFB PS
WACHOVIA BANK, WELLS FARGO
BANK, EQUIFAX INFORMATION
SYSTEM LLC., and DOES 1-20,
On November 17, 2016, defendant Wells Fargo Bank, N.A. filed a motion for judgment
on the pleadings pursuant to Federal Rule of Civil Procedure 12(c), and noticed the motion for
hearing on December 21, 2016. ECF No. 50. Plaintiff failed to timely file a response to the
motion. Accordingly, the hearing on the motion was continued to January 18, 2017, and plaintiff
was directed, by no later than January 4, 2017, to file an opposition or statement of non-
opposition to the motion and show cause why sanctions should not be imposed for her failure to
timely file an opposition or statement of non-opposition to the pending motion. ECF No. 53.
In her belated response to the court’s order, plaintiff explains that she did not initially
receive a copy of Wells Fargo’s motion, but that Wells Fargo’s counsel faxed her a copy of the
motion on January 3, 2017.1 In light of plaintiff’s representations and pro se status, the order to
show cause is discharged and the hearing on Wells Fargo’s motion will be continued to allow
plaintiff an opportunity to file an opposition.
Accordingly, it is hereby ORDERED that:
1. The hearing on defendant’s motion for judgment on the pleadings (ECF No. 50) is
continued to February 15, 2017 at 10:00 a.m. in Courtroom No. 8.
2. Plaintiff shall file an opposition to the motion, or a statement of non-opposition thereto,
no later than February 1, 2017.
3. Failure to file an opposition to the motion will be deemed a statement of non-
opposition thereto, and may result in a recommendation that this action be dismissed for lack of
prosecution and/or for failure to comply with court orders and this court’s Local Rules. See Fed.
R. Civ. P. 41(b).
4. Defendant may file a reply to plaintiff’s opposition, if any, on or before February 8,
5. The December 15, 2016 order to show cause is discharged and no sanctions are
DATED: January 13, 2017.
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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