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Miranda v. Bank of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 3, 2009

LUPE MIRANDA AND ANGEL MIRANDA, PLAINTIFFS,
v.
BANK OF AMERICA FKA COUNTRYWIDE HOME LOANS; GREENPOINT MORTGAGE FUNDING, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ESTATE HOME LOANS, INC.; AHMED HERNANDEZ-CERVANTES, MARC ARIAS-MORALES; AND DOES 1-20 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

MEMORANDUM AND ORDER

Presently before the Court is a Motion by Defendant Greenpoint Mortgage Funding to Dismiss*fn1 Plaintiffs Lupe Miranda and Angel Miranda's Complaint. Plaintiffs have failed to timely file Opposition to the Defendant's motion.

Pursuant to Local Rule 78-230(c), opposition to a motion must be filed not less than fourteen (14) days prior to the date of the hearing. The date of the hearing on motion was set for October 22, 2009. Fourteen (14) days prior to the hearing was October 8, 2008. No opposition was filed as required. In light of the fact that no opposition was filed by the Plaintiff, Defendant's Motion to Dismiss*fn2 is GRANTED with leave to amend. (The Court notes that Plaintiff has already filed an amended complaint.)

IT IS SO ORDERED.


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