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Aslanian v. One West Bank

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


May 4, 2010

NEJDIK ASLANIAN, AN INDIVIDUAL, JULIET SULIAN, AN INDIVIDUAL, PLAINTIFFS,
v.
ONE WEST BANK, A CALIFORNIA BANK; J&R LENDING, INC., A CALIFORNIA CORPORATION DBA FIRST SECURITY LENDING; MORTGAGE ELECTRIC REGISTRATION SYSTEMS, INC.; A DELAWARE CORPORATION; AND MTDS, INC., A CALIFORNIA CORPORATION DBA MERIDIAN FORECLOSURE SERVICE, DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

Order Granting Defendants' Motion to Dismiss (Dkt. No. 6)

[Motion filed on March 12, 2010]

Defendants OneWest Bank FSB and Mortgage Electronic Registration Systems, Inc. filed a Motion to Dismiss Plaintiffs' complaint on March 12, 2010, and noticed a hearing for May 3, 2010. Because Plaintiffs have not filed an opposition, the Court GRANTS the Motion.

Central District of California Local Rule 7-9 requires an opposing party to file an opposition to any motion at least twenty-one (21) days prior to the date designated for hearing the motion. C.D. CAL. L.R. 7-9. Additionally, Local Rule 7-12 provides that "[t]he failure to file any required paper, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion." C.D. CAL. L.R. 7-12.

The hearing on Defendants' Motion to Dismiss was scheduled for May 3, 2010. Plaintiffs' opposition was therefore due by April 12, 2010. As of the date of this Order, Plaintiffs have not filed an opposition, or any other filing that could be construed as a request to move the hearing date. Accordingly, the Court deems Plaintiffs' failure to oppose consent to granting Defendants' Motion to Dismiss.

IT IS SO ORDERED.

20100504

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