Lima v. Wachovia Mortgage Corporation et al

Filing 18

ORDER ENLARGING TIME AND ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 12/14/2009 10:00 AM. Show Cause Response due by 12/10/2009. Signed by Judge Thelton E. Henderson on 12/3/09. (tehlc4, COURT STAFF) (Filed on 12/3/2009)

1 2 3 4 5 6 7 8 9 10 OSVALDINA LIMA, Plaintiff, v. WACHOVIA MORTGAGE CORPORATION, aka Wachovia Mortgage Federal Savings Bank, a Delaware Corporation, CALWESTERN RECONVEYANCE CORPORATION, a California Corporation, and DOES 1 through 20, Defendants. NO. C09-04798 TEH ORDER ENLARGING TIME AND ORDER TO SHOW CAUSE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

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The Court is in receipt of Plaintiff's Memorandum in Opposition to Motion to

21 Dismiss, filed on December 1, 2009. The Notice of Motion and Motion to Dismiss 22 Complaint was filed by Defendant Wachovia Mortgage, FSB ("Wachovia") on November 4, 23 2009, and noticed for hearing on December 14, 2009. The Civil Local Rules of the Northern 24 District of California require that any opposition to a motion "be served and filed not less 25 than 21 days before the hearing date," and that any reply "be served and filed by the moving 26 party not less than 14 days before the hearing date." N.D. Cal. Civil L.R. 7-3(a), (c). 27 Plaintiff's Opposition was filed eight days after the November 23, 2009 deadline, and one 28 day after the date on which Wachovia was required to file its Reply. This is not the first time

1 Plaintiff has failed to timely file papers in this action. Plaintiff's Motion for Preliminary 2 Injunction was similarly filed three days after the November 2, 2009 deadline set by this 3 Court in its October 21, 2009 Order. 4 To ensure that Wachovia is not prejudiced by Plaintiff's failure to timely file her

5 Opposition, the Court hereby enlarges the time for Wachovia to file its Reply. Wachovia's 6 Reply shall be filed no later than Monday, December 7, 2009. 7 It is further ordered that at the hearing on December 14, 2009, counsel for Plaintiff

8 shall show cause why monetary sanctions should not be imposed by the Court for counsel's 9 failure to comply with the Local Rules and this Court's orders regarding filing dates. Any 10 written response to this show cause order shall be filed on or before Thursday, December 10,

United States District Court

11 2009.
For the Northern District of California

12 13 IT IS SO ORDERED. 14 15 Dated: 12/3/09 16 17 18 19 20 21 22 23 24 25 26 27 28 2 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT