(PS)Romero et al v. Monterey Financial Services, LLC

Filing 6

ORDER signed by Magistrate Judge Deborah Barnes on 1/10/2022 ORDERING plaintiffs to SHOW CAUSE in writing within 14 days of the date of this order as to why this case should not be dismissed for lack of prosecution. The 5 Motion to Dismiss Hearin g is CONTINUED to 2/18/2022 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. On or before 2/4/2022, plaintiffs shall file an opposition or statement of non-opposition to defendant's motion. Plaintiffs are cautioned that the failure to timely comply with this order may result in the recommendation that this case be dismissed. (Huang, H)

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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 12 13 14 15 16 17 MARIE PAMELA ROMERO and MARLITO ROMERO, Plaintiffs, v. No. 2:21-cv-2236 TLN DB PS ORDER MONTEREY FINANCIAL SERVICES, LLC, Defendant. 18 19 Plaintiffs Marie Pamela Romero and Marlito Romero are proceeding in this action pro se. 20 This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 21 U.S.C. § 636(b)(1). Noticed for hearing before the undersigned on January 14, 2022, is 22 defendant’s motion to dismiss. (ECF No. 5.) Pursuant to Local Rule 230(c) plaintiffs were to file 23 an opposition or a statement of non-opposition to defendant’s motion “not less than fourteen (14) 24 days preceding the noticed . . . hearing date.” Plaintiffs, however, have failed to file a timely 25 opposition or statement of non-opposition. 26 The failure of a party to comply with the Local Rules or any order of the court “may be 27 grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or 28 within the inherent power of the Court.” Local Rule 110. Any individual representing himself or 1 1 herself without an attorney is bound by the Federal Rules of Civil Procedure, the Local Rules, and 2 all applicable law. Local Rule 183(a). Failure to comply with applicable rules and law may be 3 grounds for dismissal or any other sanction appropriate under the Local Rules. Id. 4 In light of plaintiffs’ pro se status, and in the interests of justice, the court will provide 5 plaintiffs with an opportunity to show good cause for plaintiffs’ conduct along with a final 6 opportunity to oppose defendant’s motion. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plaintiffs show cause in writing within fourteen days of the date of this order as to why 9 this case should not be dismissed for lack of prosecution; 10 2. The January 14, 2022 hearing of defendant’s motion to dismiss (ECF No. 5) is 11 continued to Friday, February 18, 2022, at 10:00 a.m., at the United States District Court, 501 I 12 Street, Sacramento, California, in Courtroom No. 27, before the undersigned; 3. On or before February 4, 2022, plaintiffs shall file an opposition or statement of non- 13 14 opposition to defendant’s motion 1; and 15 4. Plaintiffs are cautioned that the failure to timely comply with this order may result in 16 the recommendation that this case be dismissed. 17 DATED: January 10, 2022 18 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 1 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. 2

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