Watkins v. Ditech Financial LLC, et al

Filing 50

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/30/2020 VACATING 4/8/2020 hearing on Fannie Mae's motion for summary judgment. IT IS RECOMMENDED that this action be dismissed for failure to prosecute and to comply with court orders and the court's local rules. Referred to Judge Morrison C. England Jr. Objections to F&R due within 14 days. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHANELL S. WATKINS,

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Plaintiff,

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v.

No. 2:17-cv-2247-MCE-EFB PS

ORDER AND FINDINGS AND
RECOMMENDATIONS

DITECH FINANCIAL LLC FKA Green
Tree Servicing LLC; FEDERAL
NATIONAL MORTGAGE
ASSOCIATION; NBS DEFAULT
SERVICES, LLC; and DOES 1 through
20, inclusive,
Defendants.

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Defendant Federal National Mortgage Association (“Fannie Mae”) filed a motion for

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summary judgment, which was previously noticed for hearing on February 26, 2020.1 ECF Nos.

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38 & 45. In violation of Local Rule 230(c), plaintiff failed to file an opposition or statement of

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non-opposition to Fannie Mae’s motion. Accordingly, the hearing on the motion was continued,

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and plaintiff was ordered to file an opposition or statement of non-opposition to Fannie Mae’s

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motion. ECF No. 47. Plaintiff was also ordered to show cause, by no later than March 25, 2020,

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why sanctions should not be imposed for failure to timely file a response to the pending motion,

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This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to
Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1).
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and she was admonished that failure to do so could result in dismissal of this action for lack of

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prosecution and/or failure to comply with court orders. Id.

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The deadline has passed and plaintiff has not filed an opposition or statement of nonopposition to the pending motion, nor otherwise responded to the court’s order to show cause.2

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Accordingly, it is hereby ORDERED that the April 8, 2020 hearing on Fannie Mae’s
motion for summary judgment is vacated.

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Further, it is RECOMMENDED that this action be dismissed for failure to prosecute and

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to comply with court orders and the court’s local rules. See Fed. R. Civ. P. 41(b); Cal. E.D. L.R.

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110.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Failure to file objections within the specified time may waive the right

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to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998);

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: March 30, 2020.

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Although it appears from the file that plaintiff’s copy of the order was returned, plaintiff
was properly served. It is the plaintiff’s responsibility to keep the court apprised of her current
address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of
the party is fully effective.
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