Wooten v. Countrywide Home Loans, et al
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/17/11 ORDERING that Within twenty-one (21) days from the date of this order, Plaintiff shall file written opposition to defendant Countrywide's 8/29/11 MOTION TO DISMISS 16 . Defendants repl y, shall be filed within seven (7) days of the date of filing of Plaintiff's opposition; Failure to file opposition will be deemed as a statement of non-opposition to the pending motion and shall result in a recommendation that this action be dismissed pursuant to FRCP 41(b).(Mena-Sanchez, L)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT WOOTEN,
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Plaintiff,
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No. CIV S-11-1791 MCE DAD PS
v.
COUNTRYWIDE HOME LOANS, INC.,
et al.,
ORDER
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Defendants.
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/
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Plaintiff, Robert Wooten, is proceeding in this action pro se. The case was
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referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
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On August 29, 2011, defendant Countrywide Home Loans, Inc., (“Countrywide”)
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filed a motion to dismiss plaintiff’s complaint and set the matter for a hearing before the
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undersigned on October 7, 2011. On that same day defendant Countrywide filed a certificate of
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service indicating that plaintiff had been served with a copy of defendant’s motion to dismiss by
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mail at plaintiff’s address of record. Plaintiff did not file opposition to defendant’s motion and
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did not appear at the October 7, 2011 hearing. On November 14, 2011, plaintiff filed a document
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stating that he was unaware of defendant’s motion and the October 7, 2011 hearing. Plaintiff
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asks that the court reset the matter for a hearing.
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The court finds that additional oral argument would not be of material assistance.
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See Local Rule 230(g). Plaintiff will however be granted twenty-one days to file written
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opposition to defendant Countrywide’s August 29, 2011 motion to dismiss.
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IT IS HEREBY ORDERED that:
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1. Within twenty-one (21) days from the date of this order, plaintiff shall file
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written opposition to defendant Countrywide’s August 29, 2011 motion to dismiss. Defendant’s
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reply, if any, shall be filed within seven (7) days of the date of filing of plaintiff’s opposition; and
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2. Failure to file opposition will be deemed as a statement of non-opposition to
the pending motion and shall result in a recommendation that this action be dismissed pursuant to
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Federal Rule of Civil Procedure 41(b).
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DATED: November 17, 2011.
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DAD:6
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