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Jimenez v. Downey Savings and Loan Association

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


December 10, 2009

JONATHAN C. JIMENEZ AND ANABELLA D. JIMENEZ PLAINTIFFS,
v.
DOWNEY SAVINGS AND LOAN ASSOCIATION, DSL SERVICE COMPANY, U.S. BANK HOME MORTGAGE, AND DOES 1-50, 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 Defendants U.S. Bank National Association, Successor in Interest to the Federal Deposit Insurance Corporation as Receiver for Downey Savings and Loan Association, F.A., and DSL Service Company ("Defendants") to dismiss the First Amended Complaint of Plaintiffs Jonathan C. Jimenez and Anabella D. Jimenez ("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' 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 December 10, 2009. Fourteen (14) days prior to the hearing 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' Motion to Dismiss*fn1 is GRANTED with leave to amend. (Docket No. 7)

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.


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