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Arnold Frank v. Chase Bank Usa National Association

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


September 5, 2012

ARNOLD FRANK, PLAINTIFF,
v.
CHASE BANK USA NATIONAL ASSOCIATION, DEFENDANT.

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

O

NO JS-6

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS COMPLAINT'S THIRD CAUSE OF ACTION [Docket No. 6]

Presently before the court is Defendant's Motion to Dismiss Third Cause of Action of Complaint ("Motion"). 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. Additionally, Local Rule 7-12 provides that "[t]he failure to file any required document, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion."

The hearing on Defendant's Motion was set for September 10, 2012. Plaintiff's opposition was therefore due by August 20, 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, and GRANTS the Motion. The third cause of action of Plaintiff's Complaint is dismissed.

IT IS SO ORDERED.

20120905

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