Hun Gim v. Wells Fargo Bank, N.A. et al
Filing
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ORDER GRANTING DEFENDANT'S MOTION TO DISMISS by Judge Dean D. Pregerson: The court deems plaintiff's failure to oppose as consent to granting the motion to dismiss, and GRANTS the motion. 4 ( MD JS-6. Case Terminated ) (bp)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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HUN GIM, an individual,
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Plaintiff,
v.
WELLS FARGO BANK, M.A.,
business entity unknown;
CAL-WESTERN RECONVEYANCE
CORPORATION business entity
unknown;,
Defendants.
___________________________
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Case No. CV 12-02295 DDP (MRWx)
ORDER GRANTING DEFENDANT’S MOTION
TO DISMISS
[Dkt. No. 4]
Presently before the court is Defendant Wells Fargo Bank, NA’s
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Motion to Dismiss Plaintiff’s Complaint.
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filed an opposition, the court GRANTS the motion.
Because Plaintiff has not
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Central District of California Local Rule 7-9 requires an
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opposing party to file an opposition to any motion at least twenty-
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one (21) days prior to the date designated for hearing the motion.
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C.D. CAL. L.R. 7-9.
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“[t]he failure to file any required paper, or the failure to file
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it within the deadline, may be deemed consent to the granting or
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denial of the motion.”
Additionally, Local Rule 7-12 provides that
C.D. CAL. L.R. 7-12.
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The hearing on Defendant’s motion was set for April 30, 2012.
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Plaintiff’s opposition was therefore due by April 9, 2012.
As of
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the date of this Order, Plaintiff has not filed an opposition, or
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any other filing that could be construed as a request for a
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continuance.1
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oppose as consent to granting the motion to dismiss, and GRANTS the
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motion.
Accordingly, the court deems Plaintiff’s failure to
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IT IS SO ORDERED.
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Dated:May 17, 2012
DEAN D. PREGERSON
United States District Judge
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The automatic stay provisions of 11 U.S.C. § 362 do not
apply to pre-petition lawsuits by debtors. See In re Way, 229 B.R.
11, 13 (9th Cir. BAP 1998).
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