Pantoja v. BAC Home Servicing, LP et al

Filing 19

ORDER, Set/Reset Deadlines as to 4 MOTION to Dismiss Complaint Of Plaintiff Demetrio Pantoja; Memorandum Of Points And Authorities In Support Thereof. Responses due by 11/18/2011. Replies due by 11/25/2011.. Signed by Judge ARMSTRONG on 11/8/11. (lrc, COURT STAFF) (Filed on 11/9/2011)

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 DEMETRIO P. PANTOJA, Plaintiff, 7 8 vs. Case No: C 11-2946 SBA ORDER DIRECTING PLAINTIFF TO FILE RESPONSE TO DEFENDANTS’ MOTION TO DISMISS 9 BAC HOME LOANS SERVICING, LP FKA COUNTRY WIDE HOME LOANS 10 SERVICING L.P., organized and existing under law of New York, RECONSTRUST 11 COMPANY, N.A., is organized and exists under the laws of the State of Texas, 12 Defendants. 13 14 15 Plaintiff Demetrio P. Pantoja, acting pro se, filed the instant mortgage fraud action in 16 this Court on June 15, 2011. Dkt. 1. On July 8, 2011, Defendants BAC Home Loans 17 Servicing, LP and ReconTrust Company, N.A., filed a motion to dismiss under Federal 18 Rule of Civil Procedure 12(b)(6). Dkt. 15.1 Under Civil Local Rule 7-3(a), an opposition 19 to a motion must be filed within fourteen days of the date the motion was filed, and the 20 reply is due seven days thereafter. As such, Plaintiff’s response to the motion should have 21 been filed by no later than July 22, 2011. To date, Plaintiff has not filed any response to 22 Defendants’ motion. 23 This Court’s Standing Orders warn that the failure to file a response to a motion may 24 be deemed to be a consent to the granting of the unopposed motion. Dkt. 14 at 5. As such, 25 it is well within the discretion of the Court to grant Defendants’ motion as unopposed and 26 1 The case was assigned to Magistrate Judge Elizabeth Laporte. The case was reassigned to this Court on August 5, 2011. Dkt. 13. On August 26, 2011, Defendants renoticed their motion and the matter was set for hearing on December 13, 2011. Dkt. 15, 28 18. 27 1 dismiss the action. See Fed. R. Civ. P. 41(b); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 2 1995). Nevertheless, mindful of its obligation to first consider to less drastic alternatives, 3 the Court will afford Plaintiff one further opportunity to respond to the pending motion. 4 Accordingly, 5 IT IS HEREBY ORDERED THAT Plaintiff shall have until November 18, 2011 to 6 file and serve his response (i.e., either an opposition or a statement of non-opposition) to 7 Defendants’ Rule 12(b)(6) motion to dismiss. Plaintiff’s response shall comply in all 8 respects with the Federal Rules of Civil Procedure and the Court’s Civil Local Rules 9 including, without limitation, Civil Local Rules 7-3 through 7-5. PLAINTIFF IS 10 WARNED THAT THE FAILURE TO FILE A RESPONSE BY THIS DEADLINE 11 AND/OR TO COMPLY WITH THIS ORDER OR ANY OTHER APPLICABLE 12 PROCEDURAL RULES WILL RESULT IN THE GRANTING OF THE PENDING 13 MOTION AND THE DISMISSAL OF THIS ACTION. In the event Plaintiff timely 14 files a response, Defendants may file a reply seven days after the deadline for Plaintiff’s 15 response. 16 17 IT IS SO ORDERED. Dated: November 8, 2011 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 PANTOJA et al, 4 Plaintiff, 5 v. 6 BAC HOME SERVICING, LP et al, 7 Defendant. / 8 9 Case Number: CV11-02946 SBA 10 CERTIFICATE OF SERVICE 11 12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 13 14 15 That on November 9, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 Demetrio P. Pantoja 1857 Letterkenny Drive Lincoln, CA 95648 19 20 Dated: November 9, 2011 Richard W. Wieking, Clerk 21 By: LISA R CLARK, Deputy Clerk 22 23 24 25 26 27 28 -3-

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