Eddy et al v. Federal Home Loan Morgage Corporation et al

Filing 24

ORDER signed by Magistrate Judge Deborah Barnes on 5/10/2018 ORDERING Plaintiffs show cause in writing within fourteen days of the date of this order as to why this case should not be dismissed for lack of prosecution; Motions 16 and 20 to Dismiss is CONTINUED to 6/22/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes; On or before 6/8/2018, plaintiffs shall file a statement of opposition or non-opposition to defendants' motions to dismiss.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARK & BOBBIE EDDY,

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Plaintiffs,

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No. 2:18-cv-0400 KJM DB PS

v.
FEDERAL HOME LOAN MORTGAGE
CORPORATION, et al.,

ORDER

Defendants.

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Plaintiffs Mark Eddy and Bobbie Eddy are proceeding in this action pro se. This matter

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was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. §

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636(b)(1). On March 22, 2018, and March 23, 2018, defendants filed motions to dismiss. (ECF

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Nos. 16 & 20.) Those motions are noticed for hearing before the undersigned on May 18, 2018.

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Pursuant to Local Rule 230(c) plaintiffs were to file opposition or a statement of non-opposition

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to defendants’ motions “not less than fourteen (14) days preceding the noticed . . . hearing date.”

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Plaintiffs, however, have failed to file a timely opposition or statement of non-opposition.

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The failure of a party to comply with the Local Rules or any order of the court “may be

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grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or

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within the inherent power of the Court.” Local Rule 110. Any individual representing himself or

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herself without an attorney is bound by the Federal Rules of Civil Procedure, the Local Rules, and
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all applicable law. Local Rule 183(a). Failure to comply with applicable rules and law may be

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grounds for dismissal or any other sanction appropriate under the Local Rules. Id.

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In light of plaintiffs’ pro se status, and in the interests of justice, the court will provide

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plaintiffs with an opportunity to show good cause for their conduct along with a final opportunity

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to oppose defendants’ motions.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiffs show cause in writing within fourteen days of the date of this order as to why

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this case should not be dismissed for lack of prosecution 1;

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2. The May 18, 2018 hearing of defendants’ motions to dismiss (ECF Nos. 16 & 20) is

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continued to Friday, June 22, 2018, at 10:00 a.m., at the United States District Court, 501 I

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Street, Sacramento, California, in Courtroom No. 27, before the undersigned;

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3. On or before June 8, 2018, plaintiffs shall file a statement of opposition or nonopposition to defendants’ motions to dismiss; and

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4. Plaintiffs are cautioned that the failure to timely comply with this order may result in a

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recommendation that this case be dismissed.

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DATED: May 10, 2018

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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Alternatively, if plaintiffs no longer wish to pursue this civil action, plaintiffs may comply with
this order by filing a request for voluntary dismissal pursuant to Rule 41(a) of the Federal Rules
of Civil Procedure.
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