Aguiar et al v. Wells Fargo Bank, N.A. et al

Filing 19

ORDER REGARDING PLAINTIFF'S FAILURE TO FILE AN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS by Judge Yvonne Gonzalez Rogers.Plaintiff's Opposition to Motion to Dismiss to be filed no later than 9/28/2012; Hearing date of 10/9/2012 is V ACATED. The Court re-sets the hearing for October 30, 2012; granting 11 Stipulation to Continue the Date for Plaintiffs to File an Opposition; Denying as moot 18 Defendant's Motion to Appear by Telephone at the October 9, 2012 Hearing. (fs, COURT STAFF) (Filed on 9/20/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SUSAN AGUIAR et al.,

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Plaintiff(s),

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v.

Case No.: 12-CV-03653 YGR
ORDER REGARDING PLAINTIFF’S FAILURE TO
FILE AN OPPOSITION TO DEFENDANT’S
MOTION TO DISMISS

WELLS FARGO BANK, N.A. et al.,
Defendant(s).

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On July 25, 2012, Defendant Wells Fargo Bank, N.A. filed a Motion to Dismiss (Dkt. No. 7),

Northern District of California

United States District Court

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which Defendant Regional Service Corporation joined (Dkt. No. 16). The hearing on the motion is

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set for October 9, 2012. Plaintiffs’ opposition was due on August 17, 2012. (See Dkt. No. 11.)

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

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Motion to Dismiss no later than Friday, September 28, 2012. Failure to file an opposition by that date

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will result in dismissal of the action against Defendants for failure to prosecute. Any reply to an

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opposition must be served and filed not more than 7 days after the opposition is served and filed. Civ.

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L.R. 7-3(c).

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The hearing date of October 9, 2012 is hereby VACATED. The Court re-sets the hearing for
October 30, 2012 at 2:00 p.m.

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The parties’ Stipulation to Continue the Date for Plaintiffs to File an Opposition (Dkt. No. 11)

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is GRANTED. Defendant’s Motion to Appear by Telephone at the October 9, 2012 Hearing (Dkt. No.

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18) is DENIED AS MOOT.

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This Order Terminates Dkt. Nos. 11 & 18.

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IT IS SO ORDERED.

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Dated: September 20, 2012

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_________________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE