Cearley v. Wells Fargo Bank

Filing 75

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/13/17 ORDERING that the 7/24/17 FINDINGS AND RECOMMENDATIONS 71 are VACATED; The Clerk is directed to serve Plaintiff with a copy of Defendant's MOTION to DISMISS 65 . Plaintiff shall file an opposition or statement of non-opposition to Defendant's MOTION to DISMISS 10/4/2017. Defendant may file a reply to Plaintiff's opposition, if any, no later than 10/11/2017. Thereafter, Defendant's MOTION to DISMISS 65 will stand submitted for decision. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD E. CEARLEY,

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No. 2:15-cv-353-MCE-EFB PS

Plaintiff,
v.

ORDER

WELLS FARGO BANK,

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Defendant.

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On May 9, 2017, defendant filed a motion to dismiss plaintiff’s second amended

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complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 65. On July 24, 2017,

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the court recommended that this action be dismissed because plaintiff had not filed an opposition

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or a statement of non-opposition to the motion. ECF No. 71. Thereafter, plaintiff filed objections

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to that recommendation, which indicate that plaintiff did not receive a copy of defendant’s motion

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to dismiss. ECF Nos. 73, 74. In light of plaintiff’s representation and pro se status, the July 24,

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2017 findings and recommendations are vacated, and plaintiff is granted an opportunity to

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respond to defendant’s motion to dismiss.

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Accordingly, it is hereby ORDERED that:

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1. The July 24, 2017 findings and recommendations are vacated.

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2. The Clerk is directed to serve plaintiff with a copy of defendant’s motion to dismiss

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(ECF No. 65).
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3. Plaintiff shall file an opposition or statement of non-opposition to defendant’s motion
to dismiss by October 4, 2017.

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4. 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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5. Defendant may file a reply to plaintiff’s opposition, if any, no later than October 11,
2017.
6. Thereafter, defendant’s motion to dismiss (ECF No. 65) will stand submitted for

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decision.

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DATED: September 13, 2017.

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