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McDowell v. Litton Loan Servicing

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


January 29, 2010

RONALD MCDOWELL AND JOAN MCDOWELL PLAINTIFFS,
v.
LITTON LOAN SERVICING; UNITED HOME MORTGAGE; QUALITY LOAN SERVICE CORP.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ASAD ZAFARI; CARLOS LOPES; 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 is a Motion by Defendants Litton Loan Servicing, LP and Mortgage Electronic Registration Systems, Inc. ("Defendants") to Dismiss the First Amended Complaint of Plaintiffs Ronald McDowell and Joan McDowell ("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 an opposition to Defendants' Motion.

Pursuant to Local Rule 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 was set for January 28, 2010. Fourteen (14) days prior to the hearing was January 14, 2010. No opposition was filed as required.

In light of the fact that no opposition was filed by Plaintiffs, Defendants' Motion to Dismiss (Docket No. 18) is GRANTED with leave to amend.*fn1

As a result of the failure to respond to this Motion, within ten (10) days from the date this order is electronically filed, Plaintiff's counsel shall either (1) personally pay sanctions in the amount of $250.00 to the Clerk of the Court or (2) show good cause for the failure to comply with Local Rule 230 (c).

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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