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Garcia v. Citibank

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


April 22, 2010

DANIEL GARCIA, PLAINTIFF,
v.
CITIBANK, N.A.; AMERICAN HOME MORTGAGE CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; POWER DEFAULT SERVICES, INC.; AND DOES 1-250, INCLUSIVE, DEFENDANTS.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

This matter comes before the Court on Defendants' Citibank, N.A., Mortgage Electronic Registration Systems, and Power Default Services, Inc. ("Defendants'") Motion to Dismiss Plaintiff Daniel Garcia's ("Plaintiff's") Complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). In the alternative, Defendants also bring a Motion For a More Definite Statement pursuant to Federal Rule of Civil Procedure 12(e). Plaintiff did not oppose the motions.*fn1 The Court takes judicial notice of the documents requested by Defendants.

Plaintiff did not file an opposition or statement of non-opposition to Defendants' Motion to Dismiss/Motion for More Definite Statement. Local Rule 230(c) requires a party responding to a motion to file either an opposition to the motion or a statement of non-opposition, no less than fourteen (14) days preceding the noticed hearing date. Local Rule 110 authorizes the Court to impose sanctions for "failure of counsel or of a party to comply with these Rules." Therefore, the Court will sanction Plaintiff's counsel, George Holland, Jr. and Della Nanette Smith, $250.00 each unless they show good cause for their failure to comply with the Local Rules.

ORDER

After carefully considering the papers submitted in this matter, it is hereby ordered that Defendants' Motion to Dismiss is GRANTED WITH PREJUDICE.*fn2 It is further ordered that within ten (10) days of this Order George Holland, Jr. and Della Nanette Smith shall either (1) pay sanctions of $250.00 each to the Clerk of the Court, or (2) submit a statement of good cause explaining their failure to comply with Local Rule 230(c).

IT IS SO ORDERED.


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