Opinion
NO. CIV. S-11-0516 LKK/GGH.
April 1, 2011
ORDER
Defendant Wachovia Mortgage, a division of Wells Fargo Bank, N.A., in the above captioned case filed a motion to dismiss and a motion to strike which are set to be heard on April 11, 2011. Pursuant to Local Rule 230(c), plaintiff Francies Webb's oppositions or statements of non-opposition were due on March 28, 2011. Plaintiff has not filed an opposition or a statement of non-opposition.
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 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 April 11, 2011.
2. Hearing on defendant's motions to dismiss and to strike (Doc. Nos. 6, 7) are CONTINUED to April 25, 2011 at 10:00 a.m.
3. Plaintiff shall file and serve his oppositions or statements of non-opposition on or before April 11, 2011. Defendant may file and serve its replies no later than April 18, 2011.
IT IS SO ORDERED.