UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
February 4, 2010
SALVADOR ROQUE, PLAINTIFF,
SUNTRUST AND DOE 1 TO 11, DEFENDANTS.
The opinion of the court was delivered by: VIRGINIA A. Phillips United States District Judge
[Motion filed on December 10, 2009]
ORDER VACATING FEBRUARY 8, 2010 HEARING, GRANTING MOTION TO DISMISS
The Court has received and considered all papers filed in support of Defendant SunTrust Mortgage Inc.'s ("SunTrust") Motion to Dismiss ("Motion"). Defendant's Motion is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court VACATES the hearing set for February 8, 2010 at 2 p.m.
Plaintiff filed this action on October 15, 2009 in California Superior Court, County of San Bernardino against Defendant SunTrust Mortgage, Inc. On December 3, 2009, Defendant removed the action to this Court. On December 10, 2009, Defendant filed a Motion to Dismiss and Request for Judicial Notice. On January 25, 2009, Defendant filed a Reply.
Under Local Rule 7-9, a party must file opposition papers no later than 21 days before the date designated for the hearing of the motion. Plaintiff, appearing pro se, filed no timely opposition. Under Local Rule 7-12, the Court finds Plaintiff has consented to granting the Motion. Accordingly, the Court DISMISSES Plaintiff's Complaint, without prejudice.
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