Opinion
NO. CIV. S-11-372 LKK/GGH.
May 13, 2011
ORDER
Defendant Wells Fargo Bank, N.A. in the above captioned case filed a motion to dismiss plaintiffs Joy and Dante Guinto's complaint which is set to be heard on May 23, 2011. Pursuant to Local Rule 230(c), plaintiffs' opposition or statement of non-opposition was due on May 9, 2011. Plaintiffs filed their opposition after close of business on May 12, 2011.
Based on the above, the court ORDERS as follows:
1. Counsel for plaintiffs is hereby ORDERED TO SHOW CAUSE in writing why sanctions should not issue in accordance with Local Rule 110, including a fine of $150 and/or dismissal of this case, for their failure to file an opposition or statement of non-opposition to the motions. See also Fed.R.Civ.P. 41(b), Link v. Wabash R.R., 370 U.S. 626, 633 (1962). Counsel shall file a response to this order to show cause no later than May 23, 2011.
2. Additionally, the court does not find oral argument necessary in this matter. Accordingly, the hearing on the above motion currently set for May 23, 2011 (Doc. Nos. 16, 20) is VACATED. Deadlines for filing reply memoranda, if any, remain unchanged.
IT IS SO ORDERED.