Gosal v. Wells Fargo Bank Home Mortgage Inc.

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 5/24/18, ORDERING that the 5 Motion to Dismiss hearing is CONTINUED to 6/13/2018 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff shall file an opposition or a Statement of Non-Opposition to the motion, no later than 5/30/2018. (Kastilahn, A)

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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 KAMALJIT K. GOSAL, 12 13 14 15 No. 2:18-cv-00908-JAM-AC (PS) Plaintiff, v. ORDER WELLS FARGO BANK, N.A., Defendant. 16 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 April 20, 2018, defendant filed a motion to dismiss 19 plaintiff’s case. ECF No. 5. The hearing on the motion was set for June 6, 2018. ECF No. 8. 20 Plaintiff has not responded to the motion. 21 Local Rule 230(c) provides that opposition to the granting of a motion must be filed 22 fourteen days preceding the noticed hearing date. The Local Rule further provides that “[n]o 23 party will be entitled to be heard in opposition to a motion at oral arguments if written opposition 24 to the motion has not been timely filed by that party.” In addition, Local Rule 230(i) provides 25 that failure to appear may be deemed withdrawal of opposition to the motion or may result in 26 sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be 27 grounds for imposition of any and all sanctions authorized by statute or Rule or within the 28 inherent power of the Court.” 1 1 2 3 4 Good cause appearing, IT IS HEREBY ORDERED that: 1. The motion hearing date of June 6, 2018 is CONTINUED to June 13, 2018, 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 May 30, 2018. 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: May 24, 2018 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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