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Alfonso S. Valdovinos v. Ndex West L.L.C.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 18, 2012

ALFONSO S. VALDOVINOS, PLAINTIFF,
v.
NDEX WEST L.L.C.,A DELAWARE LIMITED LIABILITY CORPORATION;
WELLS FARGO BANK, M.A., A/K/A WACHOVIA MORTGAGE, A DIVISION OF
WELLS FARGO BANK, N.A., AND F/K/A WACHOVIA MORTGAGE, FSB, SUCCESSOR IN INTEREST TO
WORLD SAVINGS BANK, FSB, DEFENDANTS.

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

O

ORDER GRANTING MOTION TO DISMISS

[Dkt. Nos. 19, 20, 22]

Presently before the court is Defendant Wells Fargo Bank, NA's Motion to Dismiss Plaintiff's Complaint, in which Defendant NDeX West LLC joins. 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 30, 2012. Plaintiff's opposition was therefore due by January 9, 2012. 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. Defendant Wells Fargo's motion to strike (Dkt. No. 20) is VACATED as moot.

IT IS SO ORDERED.

20120118

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