UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 24, 2011
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WELLS FARGO BANK SOUTHWEST, N.A. F/K/A WORLD SAVINGS BANK, FSB; NDEX WEST LLC, A DELAWARE LIMITED LIABILITY COMPANY AND DOES 1 THOUGH 10, INCLUSIVE, DEFENDANTS.
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS This matter comes before the Court on Defendant Wells Fargo Bank's, N.A., successor by merger to Wells Fargo Bank Southwest, N.A. f/k/a World Savings Bank, FSB ("Defendant"), Motion to Dismiss (Doc. #4) Plaintiff Armando Galvez's ("Plaintiff") Complaint (Doc. #1), pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff did not oppose the Motion to Dismiss.*fn1
Plaintiff did not file an opposition or statement of non- opposition to Defendant's Motion to Dismiss. Local Rule 230(c) requires a party responding to a motion to file either an opposition to the motion or a statement of non-opposition, no less than fourteen (14) days preceding the noticed hearing date. Local Rule 110 authorizes the Court to impose sanctions for "failure of 7 counsel or of a party to comply with these Rules." Therefore, the 8
Court will sanction Plaintiff's counsel, Nick Pacheco, $250.00 9 unless he shows good cause for his failure to comply with the Local Rules.
After carefully considering the papers submitted in this matter, it is hereby ordered that Defendant's Motion to Dismiss is GRANTED, WITH PREJUDICE. It is further ordered that within ten (10) days of this Order Nick Pacheco shall either (1) pay sanctions of $250.00 to the Clerk of the Court, or (2) submit a statement of good cause explaining his failure to comply with Local Rule 230(c).
IT IS SO ORDERED.