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Faustino v. Countrywide Bank

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


May 10, 2010

RONNIE U. FAUSTINO AND EVELYN FAUSTINO, PLAINTIFFS,
v.
COUNTRYWIDE BANK, N.A.; CTC REAL ESTATE SERVICES; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; RECONTRUST COMPANY, N.A. AND DOES 1-250, INCLUSIVE, DEFENDANTS.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

This matter comes before the Court on Defendants Bank of America, N.A. as successor to Countrywide Bank, FSB (erroneously sued as Countrywide Bank, N.A.), CTC Real Estate Services, Mortgage Electronic Registration Systems, Inc., and ReconTrust Company, N.A.'s (collectively "Defendants'") Motion to Dismiss (Docket #8) Plaintiffs Ronnie U. Faustino and Evelyn Faustino's ("Plaintiffs'") Complaint (Docket #1). Defendants seek dismissal for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs did not oppose the motion.*fn1 The Court takes judicial notice of the documents requested by Defendants.

Plaintiffs did not file an 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 Plaintiffs' counsel, George Holland, Jr., $250.00 unless he shows good cause for his 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. It is further ordered that within ten (10) days of this Order, George Holland, Jr. 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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