UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 23, 2010
MIKE IBRAHIM, PLAINTIFF,
SAXON MORTGAGE SERVICES, INC; JP MORGAN CHASE BANK N.A.; PMC BANCORP; IMPAC FUNDING CORPORATION; MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC.; BANK OF AMERICA NATIONAL ASSOCIATION; AND DOES 1 THROUGH 50 INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
This action arises out of a mortgage loan transaction entered into by Plaintiff Mike Ibrahim ("Plaintiff"). Presently before the Court is a Motion by Defendants Impac Funding Corporation and Bank of America, N.A. ("Defendants") to Dismiss Plaintiff's 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). 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 the motion was set for July 8, 2010. Fourteen (14) days prior to the hearing was June 24, 2010. No opposition was filed as required.
Failure to file an opposition alone stands as grounds for dismissal. However, in addition to Plaintiff's failure to file an opposition, Plaintiff's Complaint falls woefully short of the notice pleading standard set forth under Rule 12(b)(6) and Rule 8(a)(2). Plaintiff has failed to identify the roles of individual Defendants, and has further failed to provide several key facts regarding his loan, including the date of execution. Without such pertinent information, parties cannot be said to be on notice of the claims against them
In light of Plaintiff's failure to file an opposition and failure to meet the notice pleading standard, Defendants' Motion to Dismiss Plaintiff's Complaint (Docket No. 7) is GRANTED with leave to amend.*fn1
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.
IT IS SO ORDERED.