UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
October 24, 2012
ANDRIA GRABLE, AN INDIVIDUAL, PLAINTIFF,
WACHOVIA MORTGAGE CORPORATION, MORTGAGE ELECTRONIC SYSTEMS AKA "MERS", DEFENDANTS.
The opinion of the court was delivered by: Dean D. Pregerson United States District Judge
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS
[Dkt. Nos. 13, 14]
Presently before the court is Defendant's Motion to Dismiss. 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 document, 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 March 19, 2012. On March 15, however, the court granted Plaintiff's counsel's motion to withdraw. (See Order at Dkt. No. 17.) To allow Plaintiff time to file an opposition, the court continued the motion to May 7, 2012 and ordered that any opposition be filed by April 16, 2012. Plaintiff did not file 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. Defendant's Motion to Strike (Dkt. No. 14) is VACATED as moot.
IT IS SO ORDERED.
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