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Ginger L. Hughes v. Ocwen Loan Servicing

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 10, 2012

GINGER L. HUGHES,
PLAINTIFF,
v.
OCWEN LOAN SERVICING, ET AL., DEFENDANTS.

ORDER GRANTING DEFENDANT PERFORMANCE ONE FINANCIAL'S MOTION TO DISMISS

This matter comes before the Court on Defendant Performance One Financial, Inc.'s ("Defendant") Motion to Dismiss (Doc. #54, 57) Plaintiff Ginger L. Hughes' ("Plaintiff") Second Amended Complaint (Doc. #51).*fn1

Plaintiff did not file an opposition or statement of non-opposition to Defendant's Motion to dismiss. Local Rule 230(c) requires a party responding to a motion to file either an opposition or a statement of non-opposition to the motion no less than fourteen (14) days preceding the noticed hearing date. Local Rule 110 authorizes the Court to impose sanctions for "[f]ailure of 2 counsel or of a party to comply with these Rules . . . ." Since 3

Plaintiff's counsel, John S. Sargetis, failed to file any response 4 to Defendant's Motion to Dismiss, the Court will sanction 5 Plaintiff's counsel $150.00 unless he shows good cause for his 6 failure to comply with the Local Rules.

ORDER

After carefully considering the papers submitted in this 9 matter, it is hereby ordered that Defendant's Motion to Dismiss is GRANTED in its entirety. It is further ordered that within ten (10) days of this Order, John S. Sargetis shall either (1) pay sanctions of $150.00 to the Clerk of this Court, or (2) submit a statement of good cause explaining his failure to comply with Local Rule 230(c).

IT IS SO ORDERED.


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