Opinion
4:21-cv-03557-KAW
08-04-2021
KEYHAN MOHANNA, Plaintiff, v. WILMINGTON SAVINGS FUND SOCIETY FSB, Defendant.
ORDER TO SHOW CAUSE; ORDER CONTINUING HEARING ON MOTION TO DISMISS RE: DKT. NO. 15
KANDIS A. WESTMORE, UNITED STATES MAGISTRATE JUDGE
On July 12, 2021, Defendant filed a motion to dismiss. Pursuant to Civil Local Rule 7-3(a), Plaintiff's opposition was due 14 days after the motion was filed, which was July 26, 2021.
To date, Plaintiff has not filed an opposition or statement of non-opposition. Pursuant to the undersigned's standing order, “[t]he failure of the opposing party to file a memorandum of points and authorities in opposition to any motion shall constitute consent to the granting of the motion.” (Judge Westmore's General Standing Order ¶ 23.)
Accordingly, Plaintiff is ordered, on or before August 20, 2021, 1) to file an opposition or statement of non-opposition to the pending motion, and 2) to file a response to this order to show cause explaining why the opposition was not timely filed. These shall be filed as separate documents. Should an opposition be filed, Defendant may file a reply on or before August 27, 2021.
Plaintiff is advised that the failure to file both an opposition and a response to this order to show cause will result in the motion to dismiss being granted as unopposed and without leave to amend, and the case being dismissed with prejudice.
Finally, the August 19, 2021 hearing on the motion to dismiss is continued to October 7, 2021 at 1:30 PM.
IT IS SO ORDERED.