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Aura M. Blanco, An Individual v. Wells Fargo Bank

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 21, 2011

AURA M. BLANCO, AN INDIVIDUAL,
PLAINTIFF,
v.
WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WELLS FARGO BANK SOUTHWEST, N.A. F/K/A WACHOVIA MORTGAGE, A DIVISION OF WELLS FARGO BANK, N.A. F/K/A WORLD SAVINGS BANK, FSB; NDEX WEST, LLC, A DELAWARE CORPORATION; DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

ORDER GRANTING DEFENDANTS' 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 Wachovia Mortgage, a division of Wells Faro Bank, N.A. f/k/a World Savings Bank, FSB ("Wells Fargo"), Motion to Dismiss (Doc. #5) Plaintiff Aura M. Blanco's ("Plaintiff") Complaint (Doc. #1), pursuant to Federal Rules of Civil Procedure 12(b)(6). Defendant NDEx ("NDEx"), collectively Defendants, joins Wells Fargo's Motion to Dismiss (Doc. #10). Plaintiff did not oppose the Motion to Dismiss.*fn1

Plaintiff did not file an opposition or statement of non-3 opposition to Defendants' Motion to Dismiss. Local Rule 230(c) 4 requires a party responding to a motion to file either an 5 opposition to the motion or a statement of non-opposition, no less 6 than fourteen (14) days preceding the noticed hearing date. Local 7 Rule 110 authorizes the Court to impose sanctions for "failure of 8 counsel or of a party to comply with these Rules." Therefore, the 9 Court will sanction Plaintiff's counsel, Nick Pacheco, $250.00 unless he shows good cause for his failure to comply with the Local Rules.

ORDER

After carefully considering the papers submitted in this matter, it is hereby ordered that Defendants' 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.


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