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

Filing 22

ORDER REGARDING PLAINTIFF'S FAILURE TO FILE AN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS, Set/Reset Deadlines as to 17 Amended MOTION to Dismiss First Amended Complaint. Responses due by 4/23/2013. Replies due by 4/30/2013 . Motion Hearing set for 4/30/2013 is CONTINUED to 5/14/2013 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 4/9/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 4/9/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 RALPH HAYES, KENNETH HAYES, AND RUTH HAYES, Plaintiff(s), 9 Northern District of California United States District Court 12 ORDER REGARDING PLAINTIFF’S FAILURE TO FILE AN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS v. 10 11 Case No.: 13-CV-420 YGR WELLS FARGO BANK, N.A. A//K/A WELLS FARGO HOME MORTGAGE, F/K/A WACHOVIA MORTGAGE, FSB, F/K/A/ WORLD SAVINGS BANK, FSB, AND DOES 1-10, 13 Defendants. 14 On February 3, 2013, Defendant Wells Fargo Bank N.A. (“Wells Fargo”) filed a Motion to 15 Dismiss. (Dkt. No. 5.) Thereafter this action was reassigned to the undersigned and, on March 15, 16 2013, Wells Fargo filed an Amended Motion to Dismiss for hearing on April 30, 2013. Plaintiff’s 17 opposition was due on March 29, 2013. Civ. L.R. 7-3(a). 18 To date, Plaintiffs have failed to oppose the Motion. Plaintiffs shall file an opposition to the 19 Motion to Dismiss no later than April 23, 2013. Failure to file an opposition by that date will result 20 in dismissal of the action against Wells Fargo for failure to prosecute. Any reply to an opposition 21 must be served and filed not more than 7 days after the opposition is served and filed. Civ. L.R. 722 3(c). 23 The hearing date of April 30, 2013, is hereby CONTINUED to May 14, 2013, at 2:00 p.m. 24 IT IS SO ORDERED. 25 26 Dated: April 9, 2013 27 _________________________________________ 28 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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