Mehl v. Wells Fargo Home Mortgage, LLC et al

Filing 6

ORDER signed by Magistrate Judge Allison Claire on 7/13/17 ORDERING that the motion hearing date of July 26, 2017 is CONTINUED to August 9, 2017, at 10:00 a.m. in Courtroom No. 26; Plaintiff shall file an opposition or a Statement of Non-Opposi tion to the motion, no later than July 26, 2017. Failure to file an opposition or to appear at the hearing will be deemed as a statement of non-opposition and shall result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). (Becknal, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN MEHL, 12 13 14 15 16 No. 2:17-cv-1099 JAM AC PS Plaintiff, v. ORDER WELLS FARGO HOME MORTGAGE, LLC., WELLS FARGO BANK, N.A., Defendants. 17 Plaintiff is proceeding in this action pro se. The action was accordingly referred to the 18 undersigned by Local Rule 302(c)(21). On June 1, 2017, defendant filed a Motion to Dismiss. 19 ECF No. 3. Plaintiff has not responded to the motion. 20 Local Rule 230(c) provides that opposition to the granting of a motion must be filed 21 fourteen (14) days preceding the noticed hearing date. The Local Rule further provides that “[n]o 22 party will be entitled to be heard in opposition to a motion at oral arguments if written opposition 23 to the motion has not been timely filed by that party.” In addition, Local Rule 230(i) provides 24 that failure to appear may be deemed withdrawal of opposition to the motion or may result in 25 sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be 26 grounds for imposition of any and all sanctions authorized by statute or Rule or within the 27 inherent power of the Court.” 28 1 1 2 3 4 Good cause appearing, IT IS HEREBY ORDERED that: 1. The motion hearing date of July 26, 2017 is CONTINUED to August 9, 2017, at 10:00 a.m. in Courtroom No. 26; 2. Plaintiff shall file an opposition – or a Statement of Non-Opposition – to the 5 motion, no later than July 26, 2017. Failure to file an opposition or to appear at 6 the hearing will be deemed as a statement of non-opposition and shall result in a 7 recommendation that this action be dismissed pursuant to Federal Rule of Civil 8 Procedure 41(b). 9 DATED: July 13, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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