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

Filing 41

ORDER signed by Magistrate Judge Deborah Barnes on 07/30/18 ORDERING The August 3, 2018 hearing of defendants motions to dismiss 28 and 34 is continued to Friday, August 24, 2018, at 10:00 a.m., at the United States District Court, 501 I Street, Sacramento, California, in Courtroom No. 27, before the undersigned. Defendants may file a reply to plaintiffs untimely opposition on or before August 17, 2018. (Plummer, M)

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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.,

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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).

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Defendants’ motions to dismiss are noticed for hearing before the undersigned on August

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3, 2018. (ECF Nos. 28, 33 & 34.) As plaintiffs were previously advised, Local Rule 230(c)

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provides that opposition to defendants’ motions should have been filed “not less than fourteen

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(14) days preceding the noticed . . . hearing date.” On July 27, 2018, just seven days prior to the

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August 3, 2018 hearing, plaintiffs filed an untimely opposition. (ECF No. 38.) That same day,

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defendants Federal Home Loan Mortgage Corporation and Bank of America, N.A., filed a reply

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arguing that they had been “severely prejudiced by plaintiffs’ untimely opposition by being

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unable to substantively respond to the opposition’s argument.” (Id. at 3.)
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Given plaintiffs’ conduct, the undersigned finds good cause to continue the hearing of

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defendants’ motions to dismiss to provide defendants an opportunity to reply to plaintiffs’

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untimely opposition. Plaintiffs are again reminded that the failure to comply with the Local Rules

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or any order of this court “may be grounds for imposition by the Court of any and all sanctions

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authorized by statute or Rule or within the inherent power of the Court.” Local Rule 110. Any

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individual representing himself or herself without an attorney is bound by the Federal Rules of

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Civil Procedure, the Local Rules, and all applicable law. Local Rule 183(a). Failure to comply

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with applicable rules and law may be grounds for dismissal or any other sanction appropriate

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under the Local Rules. Id.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The August 3, 2018 hearing of defendants’ motions to dismiss (ECF Nos. 28 & 34) is

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continued to Friday, August 24, 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; and
2. Defendants may file a reply to plaintiffs’ untimely opposition on or before August 17,

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2018.

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Dated: July 30, 2018

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DLB:6
DB/orders/orders.pro se/eddy0400.cont.hrg2.ord

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