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Sanchez v. GMAC Mortgage

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 26, 2010

JOSEPH SANCHEZ, PLAINTIFF,
v.
GMAC MORTGAGE, LLC, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

MEMORANDUM AND ORDER

This action arises out of a mortgage loan transaction in which Plaintiff Joseph Sanchez ("Plaintiff") refinanced his home in November 2004. Presently before the Court is a Motion by Defendant GMAC Mortgage, LLC ("Defendant") to Dismiss the claims alleged against it in Plaintiff's First Amended Complaint for failure to state a claim upon which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), or alternatively, a Motion for a More Definite Statement under Federal Rule of Civil Procedure 12(e).

Defendant also filed a Motion to Strike pursuant to Rule 12(f).*fn1

Plaintiff has failed to timely file an opposition.

Pursuant to Local Rule 230(c), opposition to a motion must be filed not less than fourteen (14) days prior to the date of the hearing. The date of the hearing on motion was set for February 25, 2010. Fourteen (14) days prior to the hearing was February 11, 2010. No opposition was filed as required.

In light of the fact that no opposition was filed by Plaintiff, Defendant's Motion to Dismiss (Docket No. 20) is GRANTED with leave to amend.

Plaintiff may file an amended complaint not later than twenty (20) days after the date this Memorandum and Order is filed electronically. If no amended complaint is filed within said twenty (20)-day period, without further notice, Plaintiff's claims will be dismissed without leave to amend.

Defendant's Motion to Strike (Docket No. 9) is DENIED as moot.

IT IS SO ORDERED.


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