Sencion v. Saxon Mortgage Services, Inc. et al

Filing 139

ORDER re 130 MOTION for Summary Judgment Or, In The Alternative, Partial Summary Judgment; Memorandum of P&A In Support, filed by Deutsche Bank National Trust Company, as Trustee and filed by Saxon Mortgage Services, Inc., 138 MOT ION to Expunge Lis Pendens/Notice of Pendency of Action filed by Deutsche Bank National Trust Company, 134 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment filed by OCWEN Loan Servicing, LLC. Signed by Judge ARMSTRONG on 2/3/12. (lrc, COURT STAFF) (Filed on 2/3/2012)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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OSCAR MADRIGAL SENCION, an

Case No: C 10-03108 SBA

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Plaintiff,

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ORDER DIRECTING PRO SE
PLAINTIFF TO FILE RESPONSES
TO PENDING MOTIONS

vs.

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business of unknown form, et al.,
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Defendants.
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Plaintiff, through counsel, filed the instant mortgage fraud action in state court on

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June 1, 2010. Defendants removed the action to this Court on the basis of diversity

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jurisdiction, 28 U.S.C. § 1332. On September 6, 2011, Judge Jeremy Fogel, who was

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originally assigned the matter, granted Plaintiff’s counsel’s motion to withdraw. Dkt. 128.

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On September 28, 2011, the action was reassigned to the undersigned. Dkt. 131. Since his

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counsel’s withdrawal, Plaintiff has remained unrepresented.

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On calendar for February 14, 2012 are three motions: (1) Saxon Mortgage Services’

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motion for summary judgment, filed September 16, 2011, Dkt. 130; (2) Ocwen Loan

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Servicing LLC’s motion for summary judgment, filed September 30, 2011, Dkt. 134; and

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(3) Saxon Mortgage Services’ motion to expunge lis pendens, filed October 18, 2011, Dkt.

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138. Under Civil Local Rule 7-3(a), an opposition to a motion must be filed within

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fourteen days of the date the motion was filed, and the reply is due seven days thereafter.

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To date, Plaintiff has not filed any responses to Defendants’ motions and the deadlines to

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do so have long since passed.

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This Court’s Standing Orders warn that the failure to file a response to a motion may

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be deemed to be a consent to the granting of the unopposed motion. Dkt. 133 at 5. As

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such, it is well within the discretion of the Court to grant Defendants the relief requested

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and to dismiss the action for failure to prosecute. See Fed. R. Civ. P. 41(b); Ghazali v.

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Moran, 46 F.3d 52, 53 (9th Cir. 1995). Nevertheless, mindful of its obligation to first

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consider to less drastic alternatives, the Court will afford Plaintiff one further opportunity to

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respond to the pending motions. Accordingly,

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IT IS HEREBY ORDERED THAT:

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1.

Plaintiff shall have until February 24, 2012 to file and serve his responses

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(i.e., either an opposition or a statement of non-opposition) to Defendants’ pending

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motions. Plaintiff’s responses shall comply in all respects with the Federal Rules of Civil

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Procedure and the Court’s Civil Local Rules including, without limitation, Civil Local

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Rules 7-3 through 7-5. PLAINTIFF IS WARNED THAT THE FAILURE TO FILE A

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RESPONSE BY THIS DEADLINE AND/OR TO COMPLY WITH THIS ORDER

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OR ANY OTHER APPLICABLE PROCEDURAL RULES WILL RESULT IN THE

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GRANTING OF THE PENDING MOTION AND THE DISMISSAL OF THIS

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ACTION.

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2.

In the event Plaintiff timely files his responses, Defendants may file a reply

seven days after the deadline for Plaintiff’s response.
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The hearing on all matters scheduled for February 14, 2012 is CONTINUED

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to March 13, 2012 at 1:00 p.m. Pursuant to Federal Rule of Civil Procedure 78(b) and

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Civil Local Rule 7-1(b), the Court, in its discretion, may resolve the motions without oral

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argument. The parties are advised to check the Court’s website to determine whether a

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court appearance is required.

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4.

Since Plaintiff’s former counsel at Century Law Group LLP did not provide

the Court with an address for Plaintiff, Century Law Group LLP shall serve forthwith a
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copy of this Order on Plaintiff at his last known address and immediately file a proof of

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service evidencing that it has complied with this Order.

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IT IS SO ORDERED.
Dated: February 3, 2012

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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