IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 13, 2012
YUNG PING WANG, ET AL., PLAINTIFFS,
CARNEIGE HILL CORP., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
ORDER AND ORDER TO SHOW CAUSE
Plaintiffs are proceeding pro se in this action, referred to the undersigned pursuant to Local Rule 302(c)(21). Motions to dismiss by defendants T.D. Service Company, and Federal National Mortgage Association and Mortgage Electronic Registration Systems, Inc., are presently noticed for hearing on the July 26, 2012, law and motion calendar of the undersigned. Opposition to motions, or a statement of non-opposition thereto, must be filed fourteen days preceding the noticed hearing date. E.D. Cal. L. R. 230(c). Court records reflect that plaintiffs failed to file oppositions or statements of non-opposition to the motions.
Failure to comply with the Local Rules "may be grounds for imposition
by the Court of any and all sanctions authorized by statute or Rule or
within the inherent power of the Court." E.D. Cal. L. R. 110; see
Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Additionally,
"[n]o party will be entitled to be heard in opposition to a motion at
oral arguments if written opposition to the motion has not been timely
filed." E.D. Cal. L. R. 230(c).*fn1 Pro se litigants
are bound by the rules of procedure, even though pleadings are
liberally construed in their favor. King v. Atiyeh, 814 F.2d 565, 567
(9th Cir. 1987); Jacobsen v. Filler, 790 F.2d 1362, 1364-65 (9th
Cir.1986). The Local Rules specifically provide that cases of persons
appearing in propria persona who fail to comply with the Federal and
Local Rules are subject to dismissal, judgment by default, and other
appropriate sanctions. E.D. Cal. L. R. 183.
Good cause appearing, IT IS HEREBY ORDERED that:
1. The hearing date of July 26, 2012, is vacated. The motions are submitted on the record.
2. Plaintiffs shall show cause, in writing, no later than August 2, 2012, why this case should not be dismissed for failure timely to file oppositions or statements of non-opposition to the pending motions.
3. Plaintiffs are directed to file oppositions, if any, to the motions, or statements of non-opposition thereto, no later than August 2, 2012. Failure to file oppositions, or to file statements of non-opposition, will be deemed a statement of non-opposition, and shall result in a recommendation that this action be dismissed.