Wolfbauer v. Ocwen Loan Servicing, LLC et al

Filing 22

ORDER - The Clerk of the Court shall send a copy of this order, the defendant's motion to dismiss (filing 19 ), and the defendant's supporting brief and exhibits (filing 20 and filing 20 - 1 ) to the plaintiff at the Blaine, Minnesota a ddress he has provided. The plaintiff's response to the defendant's motion to dismiss shall be received by the Court on or before June 25, 2018. The defendant may reply in support of its motion on or before July 2, 2018. The motion to dismiss will be submitted as of July 3, 2018. Ordered by Judge John M. Gerrard. (Copies mailed as directed) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAMES WOLFBAUER, an individual,
Plaintiff,

8:18-CV-13

vs.
ORDER
OCWEN LOAN SERVICING, LLC, a
Delaware Limited Liability Company,
Defendant.
This matter is before the Court on its own motion. Currently pending
before the Court is the defendant's motion to dismiss, filed April 30, 2018
(filing 19). The plaintiff's response to that motion was due on May 24, 2018.
See NECivR 7.1(b)(1)(B); see also Fed. R. Civ. P. 6(d). The plaintiff has not
responded. But it appears that there may be an issue with notice.
The Court's previous attempts to provide the plaintiff with copies of the
Court's orders at his North Platte mailing address were returned as
undeliverable, and the plaintiff asked the Court to send those orders to an
address in Blaine, Minnesota. See filing 18. It is the Court's understanding
that it has been necessary for the plaintiff to travel to Minnesota for medical
treatment. So, it is possible that the plaintiff failed to respond to the
defendant's motion to dismiss because he didn't receive notice of it.
In order to be sure that the plaintiff has an appropriate opportunity to
respond to the motion to dismiss, the Court will direct the Clerk of the Court
to send a copy of the motion to dismiss and supporting brief to the Minnesota
address where the plaintiff has received mail, and will afford him sufficient
time to respond. But the plaintiff is advised that the Court is doing so as a
courtesy, and that it is his responsibility to provide the Court and opposing

counsel with notice of an address where he can receive mail, or to have his
mail forwarded, or to otherwise make arrangements to stay informed about
the proceedings in this case.
IT IS ORDERED:
1.

The Clerk of the Court shall send a copy of this order, the
defendant's

motion

to

dismiss

(filing

19),

and

the

defendant's supporting brief and exhibits (filing 20 and
filing 20-1) to the plaintiff at the Blaine, Minnesota address
he has provided.
2.

The plaintiff's response to the defendant's motion to
dismiss shall be received by the Court on or before
June 25, 2018.

3.

The defendant may reply in support of its motion on or
before July 2, 2018.

4.

The motion to dismiss will be submitted as of July 3, 2018.

Dated this 30th day of May, 2018.
BY THE COURT:

John M. Gerrard
United States District Judge

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