Casissa v. First Republic Bank

Filing 15

ORDER re Plaintiffs' Opposition to Defendant's Motions to Dismiss and Taking Defendant's Motions under Submission on the Papers. Signed by Judge Claudia Wilken on November 18, 2009. (cwlc2, COURT STAFF) (Filed on 11/18/2009)

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. FIRST REPUBLIC BANK, also known as, MERRILL LYNCH BANK & TRUST COMPANY, FSB Defendant. / FREDERICK CASISSA, et al., Plaintiffs, No. C 09-04129 CW ORDER REGARDING PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTIONS TO DISMISS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

On September 30, 2009, Defendant Merrill Lynch Bank & Trust Company, FSB filed a motion to dismiss Plaintiff Frederick Casissa's complaint (Docket No. 10). On October 14, 2009, pursuant

to stipulation, the Court related and consolidated Case No. 09-4130 with this case (Docket No. 13). In that case, Defendant also had

filed a motion to dismiss for failure to state a claim. On October 23, 2009, the Court ordered Plaintiffs to file their opposition, contained in one brief, to Defendant's motions by November 12, 2009 (Docket No. 14). Plaintiffs have not done so.

Accordingly, notice is hereby given that the Court, on its own

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

motion, shall take Defendant's motions under submission on the papers. The case management conference and hearing on the motions, Plaintiffs'

both scheduled for December 3, 2009, are vacated.

opposition to the motions will be due November 25, 2009, and any reply by Defendant will be due December 2, 2009. Failure by

Plaintiffs to file their written opposition to the motions by November 25, 2009 will result in dismissal of this case for failure to prosecute. IT IS SO ORDERED. November 18, 2009 CLAUDIA WILKEN United States District Judge

Dated:

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