Nguyen et al v. Saxon Mortgage Servicing, Inc. et al

Filing 15

ORDER VACATING the hearing on defendant Saxon Mortgage Servicing, Inc.'s Motion to Dismiss and Motion to Strike, documents 7 and 8 , set for hearing on 6/20/2011 before Chief Judge Anthony W. Ishii and taking the motions under advisement without oral argument; order signed by Chief Judge Anthony W. Ishii on 6/16/2011. (Rooney, M)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 THUYDUONG NGUYEN and JASON PALARCA, ) ) ) Plaintiffs, ) ) v. ) ) SAXON MORTGAGE SERVICING, ) INC.; DECISION ONE MORTGAGE ) COMPANY, LLC; and DOES 1 through ) 20, inclusive. ) ) Defendants. ) ____________________________________) 10 11 12 13 14 15 16 NO. 1:11-CV-00755 AWI SMS ORDER VACATING HEARING DATE OF JUNE 20, 2011, AND TAKING MATTER UNDER SUBMISSION 17 18 Defendant Saxon Mortgage Services, Inc. has noticed for hearing and decision a motion 19 to dismiss. The matter was scheduled for hearing to be held on June 20, 2011. Pursuant to Local 20 Rule 230(c), Plaintiffs were required to file either an opposition or a notice of non-opposition no 21 later than June 6, 2011. Plaintiffs failed to do so. 22 Due to Plaintiffs’ failure to file a timely opposition or notice of non-opposition, they are 23 in violation of the Local Rules. Plaintiffs are further not entitled to be heard at oral argument in 24 opposition to the motion. See Local Rule 230(c). The court has reviewed Defendant’s motion 25 and the applicable law, and has determined that the motion is suitable for decision without oral 26 argument. See Local Rule 230(g). 27 /// 28 /// 1 Therefore, IT IS HEREBY ORDERED that the previously set hearing date of June 20, 2 2011 is VACATED, and no party shall appear at that time. As of June 20, 2011, the court will 3 take the matter under submission, and will thereafter issue its decision. 4 5 IT IS SO ORDERED. 6 7 Dated: 0m8i78 June 16, 2011 CHIEF UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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