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CHRIS and GLORIA MARTINEZ v. WORLD SAVINGS INC. dba WORLD SAVINGS BANK

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 30, 2010

CHRIS AND GLORIA MARTINEZ,
PLAINTIFFS,
v.
WORLD SAVINGS INC. DBA WORLD SAVINGS BANK, WELLS FARGO BANK, N.A., WACHOVIA MORTGAGE CORPORATION, RON BROWN AND ASSOCIATES, DEFENDANTS.

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

MEMORANDUM AND ORDER

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Plaintiffs Chris and Gloria Martinez ("Plaintiffs") seek redress from Defendants World Savings Inc. dba World Savings Bank, Wells Fargo Bank, N.A., Wachovia Mortgage Company, and Ron Brown and Associates ("Defendants"), based on alleged violations of the Truth in Lending Act ("TILA"), the Real Estate Settlement and Procedures Act ("RESPA"), and other various state law claims. /// /// ///

Presently before the Court is Defendant Wachovia Mortgage's ("Wachovia") Motion to Dismiss Plaintiffs' Complaint for failure to state a claim upon which relief may be granted, pursuant to Federal Rules of Civil Procedure 12(b)(6), and (9). Plaintiffs have failed to timely file an opposition.

Pursuant to Eastern District Local Rule 230(c), an opposition to a motion must be filed not less than fourteen (14) days prior to the date of the hearing. The hearing date on this motion was set for November 18, 2010. Fourteen (14) days prior to the hearing was November 4, 2010. No opposition was filed as required.

In light of the fact that no opposition was filed by Plaintiffs, Defendant Wachovia's Motion to Dismiss*fn1 (ECF No. 19) 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 Memorandum and Order is electronically filed, Plaintiffs' 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©. /// /// /// ///

Plaintiffs 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, Plaintiffs' claims will be dismissed without leave to amend.

IT IS SO ORDERED.


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