Opinion
Oluwole Odujinrin, an Individual, Pro se, Pasadena, CA.
For Select Portfolio Servicing, Inc., a Utah Corporation, Bank of America, N.A., Mortgage Electronic Registration Systems, Inc., a Delaware Corporation, National Default Servicing Corporation, an Arizona Corporation, Defendants: Brian Andrew Paino, Hassan Elrakabawy, LEAD ATTORNEYS, Dhruv M Sharma, McGlinchey Stafford, Irvine, CA.
PROCEEDINGS (IN CHAMBERS): ORDER GRANTING DEFENDANTS' MOTION TO DISMISS COMPLAINT FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED [filed 7/1/15; Docket No. 11]
HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE.
On July 1, 2015, Defendants Select Portfolio Servicing, Inc., Mortgage Electronic Registration Systems, Inc., National Default Servicing Corporation, and Bank of America, N.A. (collectively, " Defendants") filed a Motion to Dismiss Complaint for Failure to State a Claim (" Motion"). Plaintiff Oluwole Odujinrin (" Plaintiff") did not file an Opposition. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for August 3, 2015 is hereby vacated and the matter taken off calendar. After considering the moving papers, and the arguments therein, the Court rules as follows:
Pursuant to Local Rule 7-9, Plaintiff was required to file and serve his Opposition or Notice of Non-Opposition " not later than twenty-one (21) days before the date designated for the hearing of the motion." See Local Rule 7-9. Local Rule 7-12 provides that " [t]he failure to file any required document, or the failure to file it within the deadline, may be deemed consent to the granting . . . of the motion." See Local Rule 7-12. As of July 17, 2015, Plaintiff has not filed an Opposition to Defendants' Motion. Pursuant to Local Rule 7-12, the Court deems Plaintiff's failure to file an Opposition or to otherwise comply with Local Rule 7-9 as consent to the granting of Defendants' Motion.
Accordingly, Defendants' Motion is GRANTED. Plaintiff's Complaint is DISMISSED without leave to amend.
IT IS SO ORDERED.