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Gaik Sargisian v. Bank of America

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


June 6, 2012

GAIK SARGISIAN PLAINTIFF,
v.
BANK OF AMERICA, N.A.; CHASE BANK USA A/K/A JPMORGAN CHASE BANK; CITIBANK CORPORATION; MACY'S CORPORATE SERVICES, INC.; VERIZON DEFENDANTS.

The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

ORDER re: Defendant Bank of America, N.A.'s Motion to Dismiss [10]

Presently before the Court is Defendant Bank of America N.A.'s ("Defendant") Motion to Dismiss Plaintiff Gaik Sargisian's ("Plaintiff") Complaint [10]. Because Plaintiff has not filed any Opposition, nor appeared at the scheduled hearing for the Motion, the Court GRANTS Defendant's Motion to Dismiss.

Central District of California Local Rule 7-9 requires an opposing party to file an opposition to any motion at least twenty-one 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 originally set for May 21, 2012. Plaintiff's Opposition was therefore due by April 30, 2012. As of the date of this Order, Plaintiff has not filed an Opposition, nor appeared for the scheduled hearing on the Motion. Plaintiff's failure to oppose may therefore be deemed consent to the granting of Defendant's Motion. Accordingly, the Court hereby GRANTS Defendant's Motion to Dismiss with leave to amend. Plaintiff has until June 21, 2012 to file an amended complaint.

IT IS SO ORDERED.

20120606

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