Opinion
Case No. 2:16-cv-05533-ODW (SKx)
08-15-2016
DAVID JENKINS and KATHY JENKINS, Plaintiff, v. WELLS FARGO BANK, N.A., et al. Defendants.
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS [12]
On August 1, 2016, Defendant Wells Fargo Bank, N.A. moved to dismiss Plaintiffs David and Kathy Jenkins' Complaint. (ECF No. 12.) Defendant set the motion for hearing on August 29, 2016, and thus Plaintiffs' opposition was due no later than August 8, 2016. See C.D. Cal. L.R. 7-9. To date, Plaintiffs have not filed any opposition. The failure to file a timely opposition may be deemed consent to the granting of a motion. C.D. Cal. L.R. 7-12; Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995). Thus, the Court GRANTS Defendant's Motion with leave to amend. (ECF No. 12.) Plaintiffs shall file an amended complaint within fourteen days of the date of this Order. Failure to timely file an amended complaint will result in the dismissal of this action for lack of prosecution.
After consider the moving papers, the Court deems the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. Cal. L.R. 7-15. --------
IT IS SO ORDERED.
August 15, 2016
/s/ _________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE