Osuna et al v. Gore et al

Filing 9

ORDER Granting 4 Unopposed Motion to Dismiss. Plaintiff's Complaint is Dismissed Without Prejudice, and the hearing on Defendants' Motion to Dismiss, currently set for March 1, 2013, is Vacated. Signed by Judge Gonzalo P. Curiel on 2/21/2013. (All non-registered users served via U.S. Mail Service)(srm)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ROBERT E. OSUNA et al.,

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Case No. 3:12-cv-02336-GPC-JMA
Plaintiffs,

ORDER GRANTING UNOPPOSED
MOTION TO DISMISS

vs.
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(ECF NO. 4)
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WILLIAM D. GORE, in his Official Private
Capacity, et al.,

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Defendants.
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On September 25, 2012, Plaintiffs, proceeding pro se, filed a complaint against Defendants,
asserting various foreclosure related claims. (ECF No. 1.)

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On October 18, 2012, defendants William D. Gore and San Diego County Sheriff’s Department

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filed a motion to dismiss. (ECF No. 4.) This Court set Defendants’ Motion to Dismiss for a hearing

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on March 1, 2013, and issued a briefing schedule requiring any response to Defendants’ Motion to

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Dismiss to be filed on or before November 16, 2012. (ECF No. 5.) To date, the Court has received

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no response to Defendants’ Motion to Dismiss from Plaintiffs.1 Accordingly, the Court GRANTS

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Defendants’ Motion to Dismiss as unopposed. See CivLR 7.1.5.3; see also Ghazali v. Moran, 46 F.3d

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52, 53 (9th Cir. 1995) (“Failure to follow a district court’s local rules is a proper ground for

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The Court notes that several items of mail have been returned as undeliverable with no
forwarding address available. Thus, Plaintiffs may not have received notice of this Court’s scheduling
order. Plaintiffs, however, have not updated their mailing address with the Court as required by Civil
Local Rule 83.11, which is, in itself grounds for dismissal.
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3:12-cv-2336-GPC-JMA

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dismissal.”). IT IS HEREBY ORDERED that Plaintiff’s Complaint is DISMISSED WITHOUT

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PREJUDICE, and the hearing on Defendants’ Motion to Dismiss, currently set for March 1, 2013,

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is VACATED.

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DATED: February 21, 2013

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HON. GONZALO P. CURIEL
United States District Judge

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3:12-cv-2336-GPC-JMA