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Franco v. Wilshire Credit Corp.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 8, 2009

JESUS R. FRANCO, AND MATILDE GUTIERREZ, PLAINTIFFS,
v.
WILSHIRE CREDIT CORP., A NEVADA CORPORATION, QUALITY LOAN SERVICE CORP., A CALIFORNIA CORPORATION, AND DOES 1-20, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER VACATING SEPTEMBER 14, 2009, HEARING AND TAKING MATTER UNDER SUBMISSION

Defendant Wilshire Credit Corp. has noticed for hearing and decision a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). The matter was scheduled for hearing to be held on September 14, 2009. Pursuant to Local Rule 78-230(c), Plaintiffs were required to file either an opposition or a notice of non-opposition no later than August 31, 2009. Plaintiffs failed to do so. Due to Plaintiffs' failure to file a timely opposition or notice of non-opposition, they are in violation of the Local Rules. See 78-230(c). Plaintiffs are further not entitled to be heard at oral argument in opposition to the motion. See 78-230(c). The Court has reviewed the motion and the applicable law, and has determined that the motion is suitable for decision without oral argument. See Local Rule 78-230(h).

Therefore, IT IS HEREBY ORDERED that the previously set hearing date of September 14, 2009, is VACATED, and no party shall appear at that time. As of September 14, 2009, the Court will take the matter under submission, and will thereafter issue its decision.

IT IS SO ORDERED.

20090908

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