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

Filing 14

ORDER, Set/Reset Deadlines as to 12 MOTION to Dismiss Defendant Wells Fargo Bank, N.A.'S Notice of Motion and Motion to Dismiss Plaintiffs' First Amended Complaint. Responses due by 7/16/2013.. Signed by Judge ARMSTRONG on 7/9/13. (lrc, COURT STAFF) (Filed on 7/10/2013)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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6 YIN KUEN CHEUNG and MARINA

Case No: C 13-1756 SBA

CHEUNG YIU,
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Plaintiffs,
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vs.

ORDER DIRECTING PLAINTIFFS
TO FILE RESPONSE TO
DEFENDANT’S MOTION TO
DISMISS

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WELLS FARGO BANK, N.A.;
10 CAL-WESTERN RECONVEYANCE

CORPORATION; and DOES 1 through 100,
11 inclusive,

Defendants.

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On June 13, 2013, Defendant Wells Fargo Bank, N.A., filed a motion to dismiss,

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pursuant to Federal Rule of Civil Procedure 12(b)(6). Dkt. 12. Plaintiffs’ response was due

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by June 27, 2013. See Civ. L.R. 7-3(a). To date, however, no opposition or response to

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Defendant’s motion has been filed.

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The Court’s Standing Orders warn that the failure to file a response to a motion may

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be construed as consent to the relief sought in the unopposed motion. As such, it is well

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within the discretion of the Court to grant Defendant’s motion as unopposed and dismiss

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the action. See Fed. R. Civ. P. 41(b); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

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Nevertheless, mindful of its obligation to first consider to less drastic alternatives, the Court

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will afford Plaintiffs one further opportunity to respond to the pending motion.

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Accordingly,

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IT IS HEREBY ORDERED THAT Plaintiffs shall have until July 16, 2013 to file

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their response (i.e., either an opposition or a statement of non-opposition) to Defendant’s

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motion to dismiss. Plaintiffs’ response shall comply in all respects with the Federal Rules

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of Civil Procedure and the Court’s Civil Local Rules including, without limitation, Civil

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Local Rules 7-3 through 7-5. PLAINTIFFS ARE WARNED THAT THE FAILURE

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TO FILE A RESPONSE BY THIS DEADLINE AND/OR TO COMPLY WITH THIS

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ORDER OR ANY OTHER APPLICABLE PROCEDURAL RULES WILL RESULT

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IN THE GRANTING OF THE PENDING MOTION AND THE DISMISSAL OF

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THIS ACTION WITH PREJUDICE. In the event Plaintiffs timely file a response,

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Defendant may file a reply seven days after the deadline for Plaintiffs’ response to the

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motion to dismiss.

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IT IS SO ORDERED.
Dated: July 9, 2013

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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