Opinion
NO. CIV. S-11-1586 LKK/GGH
08-17-2011
ORDER
Defendants Federal Home Loan Mortgage Corporation, Wells Fargo & Company, and Wells Fargo Bank, N.A. filed a motion to dismiss and a motion to strike portions of plaintiff Lynda Newman's complaint, which are set to be heard on August 29, 2011. Pursuant to Local Rule 230(c), plaintiff's oppositions or statements of non-opposition were due on August 15, 2011. Plaintiff has not filed any oppositions or a statements of non-opposition to the motions.
Based on the above, the court ORDERS as follows:
1. Counsel for plaintiff 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 any oppositions or statements 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 August 29, 2011.
2. Hearing on defendants' motion to dismiss and motion to strike (Doc. Nos. 8, 9) is CONTINUED to September 12, 2011 at 10:00 a.m.
3. Plaintiff shall file and serve her opposition or statement of non-opposition on or before August 29, 2011. Defendants may file and serve a reply no later than September 6, 2011.
IT IS SO ORDERED.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT