UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
November 21, 2012
MICHAEL R. KAPLAN RETIREMENT PLANS' TRUST ACCOUNT, ET AL, PLAINTIFF,
FRANCISCO CAMPOS, ET AL, DEFENDANTS.
The opinion of the court was delivered by: Dean D. Pregerson United States District Judge
ORDER TO REMAND [Dkt. No. 8]
Presently before the court is Plaintiffs' Motion to Remand("Motion"). Because Defendants have 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 paper, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion."
The hearing on Plaintiffs' Motion was set for November 26, 2012. Defendants' opposition was therefore due by November 5, 2012. As of the date of this Order, Defendants have not filed an opposition, or any other filing that could be construed as a request for a continuance. Accordingly, the court deems Defendants' failure to oppose as consent to granting the Motion to Dismiss, and GRANTS the Motion. The case is REMANDED to state court for adjudication. Each party shall bear its own costs.
IT IS SO ORDERED.
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