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Andrango v. Bank of America

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 25, 2010

MARCO ANDRANGO, PLAINTIFF,
v.
BANK OF AMERICA; COUNTRYWIDE HOME LOANS, INC.; RECONTRUST COMPANY, N.A., DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson

Order Granting Defendants' Motion to Dismiss

[Motion filed on December 11, 2009]

Presently before the Court is Defendants Recontrust Company, N.A., Bank of America, and Countrywide Home Loans, Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint. Because Plaintiff has neither filed an opposition nor a notice of non-opposition, the Court GRANTS Defendants' Motion to Dismiss.

Central District of California Local Rule 7-9 requires an opposing party to file an opposition or a statement of non-opposition to any motion at least fourteen (14) days prior to the date designated for hearing the motion. C.D. CAL. L.R. 7-9. Additionally, Local Rule 7-12 provides that "[t]he failure to file any required paper, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion." C.D. CAL. L.R. 7-12.

The hearing on Defendants' Motion to Dismiss was scheduled for January 25, 2010. Plaintiff's opposition or statement of non-opposition was therefore due by January 11, 2009. As of the date of this Order, Plaintiff has not filed any response to Defendants' Motion, or any other papers that could be construed as a request for an extension of time to file or a request to move the hearing date. Accordingly, the Court deems Plaintiff's failure to oppose consent to granting Defendants' Motion to Dismiss.

IT IS SO ORDERED.

20100125

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