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Enrique Ruiz v. National City Bank

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 16, 2011

ENRIQUE RUIZ,
PLAINTIFF,
v.
NATIONAL CITY BANK, JPMORGAN CHASE BANK, NA AS SUCCESSOR BY MERGER TO WASHINGTON MUTUAL BANK, LENDER DOE 1 AND LENDER DOE 2, DEFENDANTS.

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

This matter comes before the Court on Defendant JPMorgan Chase Bank's, N.A. an Acquirer of Certain Assets and Liabilities of Washington Mutual Bank from the FDIC acting as Receiver ("Defendant"),, Motion to Dismiss (Doc. #53) Plaintiff Enrique Ruiz's ("Plaintiff") Complaint (Doc. #1), pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff does not oppose the Motion to Dismiss.*fn1

Plaintiff did not file an opposition or statement of non-2 opposition to Defendant's Motion to Dismiss. Local Rule 230(c) 3 requires a party responding to a motion to file either an 4 opposition to the motion or a statement of non-opposition, no less 5 than fourteen (14) days preceding the noticed hearing date. Local 6 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, Kimberlee A. Rode, $150.00 9 unless she shows good cause for her failure to comply with the Local Rules.

ORDER

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 Kimberlee A. Rode shall either (1) pay sanctions of $150.00 to the Clerk of the Court, or (2) submit a statement of good cause explaining her failure to comply with Local Rule 230(c).

IT IS SO ORDERED.


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