UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 6, 2010
KATHY FABELA, PLAINTIFF,
LITTON LOAN SERVICING, 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 Kathy Fabela ("Plaintiff") financed a loan to purchase a home in late 2006. Presently before the Court is a Motion by Defendant Litton Loan Servicing, ("Defendant") to Dismiss the claims alleged against it 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 motion was set for September 30, 2010. Fourteen (14) days prior to the hearing was September 16, 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. 6) is GRANTED with leave to amend. Defendant concurrently filed a Motion to Strike various portions of Plaintiff's Complaint, pursuant to Federal Rule of Civil Procedure 12(f) (ECF No. 7). Given the above, Defendant's Motion to Strike is DENIED as moot.
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.