Iniguez et al v. America's Wholesale Lender et al

Filing 9

ORDER REGARDING PLAINTIFFS OPPOSITION TO DEFENDANTS 8 MOTION TO STRIKE OR DISMISS. Responses due by 12/15/2011. Replies due by 12/22/2011. Signed by Judge Claudia Wilken on 12/8/2011. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 12/8/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ROBERTO INIGUEZ; and DAVID-WYNN
MILLER,
Plaintiffs,

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v.

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AMERICA’S WHOLESALE LENDER;
RECONTRUST COMPANY, N.A.; and
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.,

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ORDER REGARDING
PLAINTIFFS’
OPPOSITION TO
DEFENDANTS’ MOTION
TO STRIKE OR
DISMISS
(Docket No. 8)

Defendants.

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United States District Court
For the Northern District of California

No. C 11-4959 CW

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________________________________/

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On November 23, 2011, Defendants Countrywide Home Loans,

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Inc., doing business as America’s Wholesale Lender, a wholly-owned

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subsidiary of Bank of America, N.A., ReconTrust Company, N.A.,

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and Mortgage Electronic Registration Systems, Inc. filed a motion

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to strike or dismiss the complaint filed by pro se Plaintiffs

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Roberto Iniguez and David-Wynn Miller.

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was set for January 5, 2012.

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Plaintiffs’ opposition to the motion was due by December 7, 2011.

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Thus far, Plaintiffs have failed to submit an opposition.

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A hearing on the motion

Pursuant to Local Rule 7-3(a),

Plaintiffs shall oppose Defendants’ motion by December 15,

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2011, or face dismissal of their action for failure to prosecute.

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The Court notes that Plaintiffs’ complaint is unintelligible.

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Plaintiffs fail to respond with an intelligible opposition, the

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Court shall deem Plaintiffs’ submission a failure to prosecute the

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action and will dismiss it.

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If

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If Plaintiffs file an opposition on or before December 15,

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2011, Defendants may submit a reply on or before December 22,

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2011.

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The hearing set for January 5, 2012 is vacated.
IT IS SO ORDERED.

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Dated: 12/8/2011

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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