Sims et al v. Wells Fargo Home Mortgage

Filing 36

ORDER REGARDING PLAINTIFFS' FAILURE TO FILE AN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS. Signed by Judge Yvonne Gonzalez Rogers on 5/2/12. (fs, COURT STAFF) (Filed on 5/2/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL SIMS and SUDIE SIMS,
Plaintiffs,

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Northern District of California

United States District Court

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v.

Case No.: C-11-CV-04768-YGR
ORDER REGARDING PLAINTIFFS’ FAILURE TO
FILE AN OPPOSITION TO DEFENDANT’S
MOTION TO DISMISS

WELLS FARGO HOME MORTGAGE,
Defendant.

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On April 11, 2012, Defendant filed a Motion to Dismiss Plaintiffs’ Amended Complaint.

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(Dkt. No. 31.) The hearing on the motion is set for May 29, 2012. Plaintiffs’ opposition was due on

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April 30, 2012. Civ. L.R. 7-3(a) & 5-5(a)(2).

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To date, Plaintiffs have failed to oppose the Motion to Dismiss. Plaintiffs shall file an

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opposition to the Motion to Dismiss no later than May 16, 2012. Failure to file an opposition by that

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date will result in dismissal of the action against Defendant for failure to prosecute. If Plaintiffs file

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an opposition by May 16, 2012, Defendant shall file its reply by May 23, 2012. See Civ. L.R. 7-3(c).

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The hearing date of May 29, 2012 is hereby VACATED. The Court re-sets the hearing for June

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5, 2012 at 2:00 p.m.
IT IS SO ORDERED.

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Dated: May 2, 2012
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE