Stefan v. Wachovia Mortgage, FSB

Filing 12

ORDER: That Plaintiff's Opposition shall be filed by 07/22/09 re 7 Motion to Dismiss Complaint and Motion to Strike. Defendant's Reply shall be filed no later than 07/29/09. The hearing set for 07/29/09 is VACATED. Signed by Judge Saundra Brown Armstrong, on 7/15/09. (lrc, COURT STAFF) (Filed on 7/16/2009) (Additional attachment(s) added on 7/16/2009: # 1 Appendix PROOF OF SERVICE) (lrc, COURT STAFF). Modified on 7/17/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 THOMAS STEFAN, 7 8 vs. Plaintiff, Case No: C 09-2252 SBA ORDER UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

9 WACHOVIA WORLD SAVINGS, et al., 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant Wachovia World Savings' motion to dismiss (Docket 7) and motion to strike (Docket 9) are set for hearing on July 28, 2009. Under Civil Local Rule 7-3(a), any opposition or statement of non-opposition to a noticed motion is due 21 days before the hearing date. As such, Plaintiff's responses to the motions were due by July 14, 2009. Plaintiff has filed nothing in response to either motion or otherwise communicated with the Court. The Court's standing orders specify that the failure to oppose a motion may be construed as a consent to the granting of the motion. Thus, the Court could, in its discretion, could grant Defendant's motions and close this case. See Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992). However, in consideration of less drastic alternatives to dismissal, the Court sua sponte grants Plaintiff an additional opportunity to file his opposition briefs. Plaintiff should be aware that although he is representing himself in this action, he is expected to comply with all applicable procedural rules. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). Accordingly, IT IS HEREBY ORDERED THAT Plaintiff shall have until July 22, 2009 to file his opposition briefs in response to Defendant's motion to dismiss and motion to strike. PLAINTIFF IS WARNED THAT THE FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION, WITH PREJUDICE. In the event Plaintiff timely Defendants.

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responds to the motions, Defendant shall file a reply by no later than July 29, 2009. The July 28, 2009 hearing date is VACATED pending further order of the Court. Pursuant to Federal Rule of Civil Procedure 78(b), the Court may resolve the instant motions without oral argument. The parties will be notified in the event the motions are rescheduled for hearing. IT IS SO ORDERED.

Dated: July 15, 2009

____________________________ Hon. Saundra Brown Armstrong United States District Judge

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