Randle v. EMC Mortgage Corp et al

Filing 19

ORDER Requiring a Response to Defendants' Motions to Dismiss: Plaintiffs shall file an opposition to defendants 6 & 7 motion to dismiss and to expunge lis pendens or a statement that the he does not oppose the motion on or before 9/3/2010. IT IS FURTHER ORDERED that failure to comply with this Order shall result in an order to show cause why sanctions should not be imposed upon plaintiffs and/or their counsel. Signed by Judge M. James Lorenz on 8/26/2010.(mjj)

-NLS Randle v. EMC Mortgage Corp et al

Doc. 19

1 2 3 4 5 6 7 8 9 10 11 REBECA RANDLE, 12 13 v. 14 EMC MORTGAGE CORP AND GMAC MORTGAGE, et al., 15 Defendants. 16 17 Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Civil No. 09cv2290 L(NLS) ORDER REQUIRING A RESPONSE TO DEFENDANTS' MOTIONS TO DISMISS UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Defendants EMC Mortgage Corporation and Mortgage Electronic Registration Systems,

18 Inc. (collectively "MERS") and Greenpoint Funding, Inc. ("Greenpoint") each move to dismiss 19 plaintiff's complaint under Federal Rule of Civil Procedure 12(b)(6). [doc. nos. 6, 7] Although 20 represented by counsel, plaintiff has not filed an opposition to either motion. 21 22 23 24 Failure to file an opposition is addressed in Civil Local Rule 7.1(f)(3)(c): Unless otherwise provided by rule or court order, a party opposing a motion, or other request for ruling by the court must file a written opposition. If such party chooses not to oppose the motion, the party must file a written statement that the party does not oppose the motion or other request for ruling by the court.

25 Civ. L.R. 7.1(f)(3)(c) (emphasis added). This Rule was designed to relieve the Court of the 26 burden of reviewing the merits of a motion without full briefing. Such a review requires a 27 significant amount of scarce judicial time. 28 / / /
09cv2290

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Civil Local Rule 83.1 provides for sanctions for noncompliance with the Local Rules: Failure of counsel or of any party to comply with these rules, with the Federal Rules of Civil Procedure or Criminal Procedure, or with any order of the court may be gound for imposition by the court of any and all sanctions authorized by statute or rule or within the inherent power of the court, including, without limitation, dismissal of any actions, entry of default, finding of contempt, imposition of monetary sanctions or attorneys' fees and costs, and other lesser sanctions. CIV. L. R. 83.1(a). Based on the foregoing, IT IS ORDERED that plaintiffs shall file an opposition to defendants' motion to dismiss and to expunge lis pendens or a statement that the he does not oppose the motion on or before September 3, 2010. IT IS FURTHER ORDERED that failure to comply with this Order shall result in an order to show cause why sanctions should not be imposed upon plaintiffs and/or their counsel. IT IS SO ORDERED. DATED: August 26, 2010 M. James Lorenz United States District Court Judge COPY TO:

HON. WILLIAM V. GALLO 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28
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ALL PARTIES/COUNSEL