(PS) Flores v. Wells Fargo Bank, N.A. et al

Filing 8

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/8/2020 DIRECTING plaintiff to file, within 21 days of this order, an opposition to defendants' 4 Motion to Dismiss. The hearing currently set before the undersigned on 09/16/2020 is VACATED. (York, M)

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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 ANTHONY R. FLORES, 12 Plaintiff, 13 14 No. 2:20-cv-01162-KJM-CKD PS v. ORDER WELLS FARGO BANK N.A., et al., 15 Defendants. 16 Presently before the court is defendants’ motion to dismiss, filed on July 17, 2020. (ECF 17 18 No. 4.) Defendants scheduled the present motion to be heard September 16, 2020, making 19 plaintiff’s opposition due September 2, 2020, pursuant to Local Rule 230(c). That date has 20 passed, and plaintiff has not filed an opposition or anything else with the court. 21 While the court is permitted it take plaintiff’s failure to respond as a waiver of any 22 opposition to the granting of defendants’ motion pursuant to Local Rule 230(c), the undersigned 23 would prefer to resolve this case on the legal merits, and therefore, on the court’s own motion, 24 plaintiff is granted an extension to file an opposition to defendants’ motion within 21 days of this 25 order. 26 Although plaintiff is granted an extension, plaintiff’s failure to file the required opposition 27 shall constitute an additional ground for, and plaintiff’s consent to, the imposition of appropriate 28 sanctions, including a potential recommendation that plaintiff’s case be involuntarily dismissed 1 1 2 with prejudice pursuant to Federal Rule of Civil Procedure 41(b). Accordingly, it is HEREBY ORDERED that plaintiff shall file an opposition to 3 defendants’ motion to dismiss (ECF No. 4) within 21 days of this order. The hearing currently set 4 before the undersigned on September 16, 2020 is VACATED. 5 Dated: September 8, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 16.flores.ext 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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