UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 15, 2010
JANICE WINEKE PLAINTIFF,
COUNTRYWIDE HOME LOANS, AND DOES 1-10, 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 Countrywide Home Loans, Inc. ("Defendant") to Dismiss the Complaint of Plaintiff Janice Wineke ("Plaintiff") 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 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 January 14, 2010.
Fourteen (14) days prior to the hearing was December 31, 2009. No opposition was filed as required. In light of the fact that no opposition was filed by Plaintiff, Defendant's Motion to Dismiss*fn1 is GRANTED with leave to amend.
Plaintiff 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, Plaintiff's claims will be dismissed without leave to amend.
IT IS SO ORDERED.