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Alfred J. Jiminez v. Saxon Mortgage Services

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 9, 2012

ALFRED J. JIMINEZ, PLAINTIFF,
v.
SAXON MORTGAGE SERVICES, INC.; FEDERAL NATIONAL MORTGAGE ASSOCIATION; ET AL. DEFENDANTS.

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

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS [Dkt. No. 6]

Presently before the court is the Motion to Dismiss Case filed by Defendants Federal National Mortgage Association and Saxon Mortgage Services, Inc. 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 Defendants' motion was set for February 13, 2012. Plaintiff's opposition was therefore due by January 23, 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.

IT IS SO ORDERED.

20120209

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