(PS) Hovhannisyan et al. v. JPMorgan Chase Bank, N.A. et al., No. 2:2016cv01050 - Document 48 (E.D. Cal. 2016)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/31/16 ORDERING that the 11/09/16 hearing on the 38 42 Motions to Dismiss is VACATED; and RECOMMENDING that this matter be dismissed for failure to prosecute and to comply with court orders and local rules; referred to Judge Morrison C. England, Jr.; Objections to these F&Rs due within 14 days. (Benson, A)

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(PS) Hovhannisyan et al. v. JPMorgan Chase Bank, N.A. et al. Doc. 48 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARGARIT HOVHANNISYAN, et al., 12 13 14 No. 2:16-cv-1050-MCE-EFB PS Plaintiffs, v. ORDER AND FINDINGS AND RECOMMENDATIONS JP MORGAN CHASE BANK, N.A., et al., 15 Defendants. 16 17 Defendant JPMorgan Chase Bank N.A. filed a motion to dismiss this action pursuant to 18 Federal Rule of Civil Procedure 12(b)(6), which was noticed for hearing on October 5, 2016. 19 ECF Nos. 38, 42. Plaintiffs failed to timely file an opposition or statement of non-opposition to 20 the motion. Accordingly, the hearing was continued to November 9, 2016, and plaintiffs were 21 ordered, by no later than October 26, 2016, to file an opposition or statement of non-opposition to 22 the motion and to show cause why sanctions should not be imposed for their failure to timely file 23 an opposition or statement of non-opposition. ECF No. 47. Plaintiffs were also admonished that 24 failure to file an opposition would be deemed a statement of non-opposition to the granting of 25 defendant’s motion, and could result in a recommendation that this action be dismissed for lack of 26 prosecution and/or failure to comply with court orders and the court’s local rules.1 Id. 27 28 1 Although it appears from the docket that plaintiffs’ copy of the order to show cause was returned as undeliverable, plaintiffs were properly served. It is the plaintiffs’ responsibility to 1 Dockets.Justia.com 1 2 The deadline has passed and plaintiffs have not filed an opposition or statement of nonopposition to the pending motion, nor have they responded to the court’s order to show cause. 3 4 Accordingly, it is hereby ORDERED that the November 9, 2016 hearing on defendant’s motion to dismiss is vacated. 5 Further, it is RECOMMENDED that this action be dismissed for failure to prosecute and 6 to comply with court orders and the court’s local rules. See Fed. R. Civ. P. 41(b); Cal. E.D. L.R. 7 110. 8 These findings and recommendations are submitted to the United States District Judge 9 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 10 after being served with these findings and recommendations, plaintiff may file written objections 11 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 12 and Recommendations.” Failure to file objections within the specified time may waive the right 13 to appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); 14 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 15 DATED: October 31, 2016. 16 17 18 19 20 21 22 23 24 25 26 27 28 keep the court apprised of their current address at all times. Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective. 2

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