Uribe et al v. Sweeten et al

Filing 27

ORDER REGARDING PLAINTIFFS' OPPOSITIONS TO DEFENDANTS' MOTIONS TO DISMISS.. Signed by Judge Yvonne Gonzalez Rogers on 1/20/2012. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/20/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JESUS URIBE and LORENA URIBE,

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Northern District of California

United States District Court

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Plaintiffs,
v.

Case No.: 4:11-cv-05022-YGR
ORDER REGARDING PLAINTIFFS’
OPPOSITIONS TO DEFENDANTS’
MOTIONS TO DISMISS

PAT S. SWEETEN, et al.,
Defendants.

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On November 18, 2011, Defendant JP Morgan Chase Bank, N.A., filed a Motion to Dismiss

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Plaintiffs’ Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Dkt. No. 10. The hearing on this motion

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was originally set for January 12, 2012, but was re-noticed for hearing on February 27, 2012. Dkt.

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No. 25. Plaintiffs’ opposition was due on December 2, 2011. Civ. L.R. 7-3(a).

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On November 30, 2011, Defendants Pat Sweeten and Barbara Young filed a Motion to

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Dismiss Complaint of Plaintiffs Jesus and Lorena Uribe. Dkt. No. 14. The hearing on this motion

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was originally set for January 12, 2012, but was re-noticed for hearing on February 13, 2012. Dkt.

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No. 23. Plaintiffs’ opposition was due on December 14, 2011. Civ. L.R. 7-3(a).

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To date, Plaintiffs have failed to respond to either motion to dismiss. Defendants have filed

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replies and notices of non-opposition for both motions. Dkt. Nos. 15 & 20. Pursuant to the Court’s

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Reassignment Order (Dkt. No. 26), all hearing dates have been vacated and must be re-noticed by the

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moving parties for a Tuesday subsequent to the previously noticed dates, namely February 27 & 13,

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2012. The Court requests that Defendants’ counsel confer regarding a hearing date, such that both

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motions will be noticed for the same hearing date, no earlier than February 28, 2012.

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Plaintiffs shall file their oppositions to both motions to dismiss by February 3, 2012. Failure

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to file an opposition by that date will result in dismissal of the action for failure to prosecute. If

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Plaintiffs submit their oppositions by this date, Defendants shall reply by February 10, 2012.

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IT IS SO ORDERED.

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Dated: January 20, 2012
_________________________________________

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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