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Osei v. GMAC Mortgage

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


April 22, 2010

PATRICK OSEI, PLAINTIFF,
v.
GMAC MORTGAGE; COUNTRYWIDE HOME LOANS; BANK OF AMERICA FKA COUNTRYWIDE HOME LOANS; GREENPOINT MORTGAGE FUNDING, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ETS SERVICES, LLC; PELLETIER FINANCE, INC. DBA DELTA MORTGAGE AND REAL ESTATE; JEFFERY ALAN PELLETIER; JEFFERY PAUL OLSON; JEFFERY BRYAN DELORA; AND DOES 1-20 INCLUSIVE, DEFENDANTS.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

This matter comes before the Court on Defendants' Countrywide Home Loans, Inc., Bank of America, N.A., and Mortgage Electronic Registration Systems, Inc.'s ("Defendants'") Motion to Dismiss, (Doc # 30), Plaintiff Patrick Osei's ("Plaintiff's") First Amended Complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6).*fn1

Additionally, the Court has taken Judicial Notice of all documents requested by Defendants.

Plaintiff did not file a timely opposition or statement of non-opposition to Defendants' Motion to Dismiss. 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, Randolph Cooke, $250.00, unless he shows good cause for his failure to comply with the Local Rules.

Plaintiff filed a late statement of non-opposition to dismissing his federal claims, and a late opposition to dismissing his state claims, the day before Defendants' reply brief was due. The Court has considered Plaintiff's late filed opposition and statement of non-opposition, and finds the amended complaint lacks merit for the reasons stated in the Motion to Dismiss. It is clear that allowing Plaintiff the opportunity to file a third complaint would be futile.

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 Randolph Cooke shall either (1) pay sanctions of $250.00 to the Clerk of the Court, or (2) submit a statement of good cause explaining his failure to comply with Local Rule 230(c).

IT IS SO ORDERED.


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