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Lisa Fortmuller, An Individual v. Wells Fargo Bank

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 4, 2011

LISA FORTMULLER, AN INDIVIDUAL
PLAINTIFF,
v.
WELLS FARGO BANK, AKA WACHOVIA MORTGAGE, A DIVISION OF WELLS FARGO FORMERLY WORLD SAVINGS,
AND DOES 1 THROUGH 5, INCLUSIVE, DEFENDANTS.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

This matter comes before the Court on Defendant Wells Fargo Bank, N.A., successor by merger with Wells Fargo Bank Southwest, N.A., f/k/a Wachovia Mortgage, FSB, f/k/a World Savings Bank, FSB's ("Wells Fargo") Motion to Dismiss (Doc. #7) Plaintiff Lisa Fortmuller's ("Plaintiff") Complaint (Doc. #1), pursuant to Federal Rules of Civil Procedure 12(b)(6). Plaintiff did not oppose the*fn1 Motion to Dismiss.

Plaintiff did not file an opposition or statement of non-opposition to Defendants' Motion to Dismiss. Local Rule 230(c) requires a party responding to a motion to file either an 2 opposition to the motion or a statement of non-opposition, no less 3 than fourteen (14) days preceding the noticed hearing date. Local 4

Rule 110 authorizes the Court to impose sanctions for "failure of 5 counsel or of a party to comply with these Rules." Since the Court 6 imposed a possible fine of $150.00 on Plaintiff's counsel, Steven 7 C. Lynes, in the related action Fortmuller v. Wells Fargo, No. 11-8 CV-00948 JAM-DAD, the Court will not impose sanctions in the 9 instant case.

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 SO ORDERED.


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