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Sharon Dieu-Hien Tran v. Us Bank Na.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 3, 2012

SHARON DIEU-HIEN TRAN, PLAINTIFF,
v.
US BANK NA., AS TRUSTEE FOR THE TRUCAP REO PASS THROUGH TRUST, DEFENDANTS.

The opinion of the court was delivered by: Dean D. Pregerson United States District Judge

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

[Dkt. No. 23]

Presently before the court is Defendant's Motion to Dismiss Complaint. Because Plaintiff has not filed an opposition, the court GRANTS the motion.

Central District of California Local Rule 7-9 requires an opposing party to file an opposition to any motion at least twenty-one (21) days prior to the date designated for hearing the motion. C.D. CAL. L.R. 7-9. Additionally, Local Rule 7-12 provides that "[t]he failure to file any required paper, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion." C.D. CAL. L.R. 7-12.

The hearing on Defendant's motion was set for January 9, 2012. Plaintiff's opposition was therefore due by December 19, 2011. As of the date of this Order, Plaintiff has not filed an opposition, or any other filing that could be construed as a request for a continuance. Accordingly, the court deems Plaintiff's failure to oppose as consent to granting the motion to dismiss, and GRANTS the motion.

IT IS SO ORDERED.

20120103

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