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Camillo v. Washington Mutual Bank

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


January 5, 2010

FRANKLIN S. CAMILLO AND CELINA SALAZAR CAMILLO, PLAINTIFFS,
v.
WASHINGTON MUTUAL BANK, F.A., CALIFORNIA RECONVEYANCE CO., QUALITY LOAN SERVICE, MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., AND DOES 1 THROUGH 50 INCLUSIVE, DEFENDANTS.

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

ORDER VACATING JANUARY 11, 2010, HEARING AND TAKING MATTER UNDER SUBMISSION

Defendants have noticed for hearing and decision a motion to dismiss under Federal Rules of Civil Procedure 12(b)(6). The matter was scheduled for hearing to be held on January 11, 2010. Pursuant to Local Rule 78-230(c), Plaintiffs were required to file either an opposition or a notice of non-opposition no later than December 28, 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 Defendants' 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 January 11, 2010, is VACATED, and no party shall appear at that time. As of January 11, 2010, the Court will take the matter under submission, and will thereafter issue its decision.

IT IS SO ORDERED.

20100105

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