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Edwards v. Aurora Loan Services

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


April 26, 2010

CHIEU EDWARDS, PLAINTIFF,
v.
AURORA LOAN SERVICES, LLC; AND DOES 1-50, DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

This case, in which plaintiff is proceeding without counsel, is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On February 25, 2010, defendant moved to dismiss plaintiff's complaint and to expunge a lis pendens.*fn1 (Dkt. Nos. 8, 11.) Defendant noticed the motions for hearing on April 15, 2010. (Dkt. No. 15.)

Because court records reflected that plaintiff had filed neither an opposition nor a statement of non-opposition to defendant's motions,*fn2 on April 12, 2010, this court issued an Order and Order to Show Cause continuing the hearing and inquiring into the propriety of sanctions. (Dkt. No. 19.)

Also on April 12, 2010, plaintiff Chieu Edwards filed a Notice of Unavailability for Appearance and Request for Rescheduling of Hearing. (Dkt. No. 21.) Plaintiff stated that due to eviction and family illness, she requested a 45 day extension of the April 15, 2010 hearing.

On April 9, 2010, counsel for defendant Aurora Loan Services, LLC filed a request to appear by telephone at the hearing on the motions due to the necessity of traveling from San Diego. Although not routinely granted, this court will grant defendant's counsel's request for telephonic appearance for the motions set forth above.

Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

1. The hearing on defendant's motion to dismiss and motion to expunge lis pendens is CONTINUED to June 17, 2010;

2. The court's April 12, 2010 order to show cause is DISCHARGED;

3. Plaintiff shall file an opposition to the motions, or a statement of non-opposition thereto, no later than June 3, 2010;

4. Failure of plaintiff to file an opposition will be deemed a statement of non-opposition to the pending motions, and may result in an adverse ruling, including but not limited to a recommendation that this action be dismissed for lack of prosecution. See Fed. R. Civ. P. 41(b);

5. Defendant may file a reply to plaintiff's opposition, if any, on or before June 10, 2010; and

6. Defendant's counsel's request to appear telephonically at the June 17, 2010 hearing is GRANTED. Defendant's counsel must contact the undersigned's deputy clerk no later than June 10, 2010 to provide the court with a direct telephone number where counsel may be reached at least ten minutes prior to the time of the hearing.

IT IS SO ORDERED.


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