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Lapastora v. Sierra Pacific Mortgage Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 17, 2010

FELIPE T. LAPASTORA, PLAINTIFF,
v.
SIERRA PACIFIC MORTGAGE COMPANY, INC., ET AL., DEFENDANTS.

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 Felipe T. Lapastora ("Plaintiff") financed a loan to purchase a home in 2006. Presently before the Court is a Motion by Defendant Central Mortgage Company, Inc. ("Defendant") to Dismiss the claims alleged against them in 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). 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 September 16, 2010. Fourteen (14) days prior to the hearing was September 2, 2010. No opposition was filed as required.

In light of the fact that no opposition was filed by Plaintiff, Defendant's Motion to Dismiss*fn1 (ECF No. 5) is GRANTED with leave to amend.

As a result of the failure to respond to this Motion, within ten (10) days from the date this order is electronically filed, Plaintiff's counsel shall either (1) personally pay sanctions in the amount of $250.00 to the Clerk of the Court*fn2, or (2) show good cause for the failure to comply with Local Rule 230(c). 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.


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