(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R. FLORES,

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Plaintiff,

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No. 2:20-cv-01162-KJM-CKD PS

v.

ORDER

WELLS FARGO BANK N.A., et al.,

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Defendants.

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Presently before the court is defendants’ motion to dismiss, filed on July 17, 2020. (ECF

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No. 4.) Defendants scheduled the present motion to be heard September 16, 2020, making

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plaintiff’s opposition due September 2, 2020, pursuant to Local Rule 230(c). That date has

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passed, and plaintiff has not filed an opposition or anything else with the court.

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While the court is permitted it take plaintiff’s failure to respond as a waiver of any

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opposition to the granting of defendants’ motion pursuant to Local Rule 230(c), the undersigned

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would prefer to resolve this case on the legal merits, and therefore, on the court’s own motion,

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plaintiff is granted an extension to file an opposition to defendants’ motion within 21 days of this

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order.

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Although plaintiff is granted an extension, plaintiff’s failure to file the required opposition

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shall constitute an additional ground for, and plaintiff’s consent to, the imposition of appropriate

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sanctions, including a potential recommendation that plaintiff’s case be involuntarily dismissed
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with prejudice pursuant to Federal Rule of Civil Procedure 41(b).
Accordingly, it is HEREBY ORDERED that plaintiff shall file an opposition to

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defendants’ motion to dismiss (ECF No. 4) within 21 days of this order. The hearing currently set

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before the undersigned on September 16, 2020 is VACATED.

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Dated: September 8, 2020

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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