IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 10, 2009
JOHN STONE AND DIANNE STONE PLAINTIFFS,
INDYMAC F.S.B.; MTC FINANCIAL DBA TRUSTEE CORPS; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ABSOLUTION LOAN INC.; KEVIN D. MCGILL; STEVE PETEE; 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 are Motions by Defendants MTC Financial Inc. dba Trustee Corps and Mortgage Electronic Registration Systems, Inc. ("Defendants") to dismiss the First Amended Complaint of Plaintiffs John Stone and Dianne Stone ("Plaintiffs") for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs have failed to timely file Opposition to Defendants' Motions.
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 hearings on motions were set for December 10, 2009. Fourteen (14) days prior to the hearings was November 26, 2009. To date, no opposition has been filed as required. In light of the fact that no opposition has been filed by Plaintiffs, Defendants' Motions to Dismiss*fn1 are GRANTED with leave to amend. (Docket No. 15 and Docket No. 21)
Plaintiffs may file an amended complaint not later than twenty (20) days after the date this Memorandum and Order is filed electronically. If no amended complaint is filed within said twenty (20)-day period, without further notice, Plaintiffs' claims will be dismissed without leave to amend.
IT IS SO ORDERED.