(PS) Ahmed v. Countrywide Home Loans, Inc. et al, No. 2:2012cv01331 - Document 16 (E.D. Cal. 2012)
Court Description: ORDER VACATING 14 FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 10/2/12. Reply shall be filed no later than 10/11/12. The 7 Motion to Dismiss shall thereafter stand submitted on the papers. (Manzer, C)
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(PS) Ahmed v. Countrywide Home Loans, Inc. et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NAEEM AHMED, 11 12 13 Plaintiff, No. 2:12-cv-1331 MCE CKD PS vs. COUNTRYWIDE HOME LOANS, INC., et al., 14 Defendants. 15 16 ORDER / This case, in which plaintiff is proceeding pro se, is before the undersigned 17 pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. ยง 636(b)(1). On 18 June 19, 2012, defendants filed a motion to dismiss. The motions were noticed to be heard on 19 August 8, 2012. 20 On July 26, 2012, pursuant to the request and stipulation of the parties, the 21 undersigned continued the hearing on the motion to October 10, 2012 and directed plaintiff to 22 file an opposition to the motion, or a statement of non-opposition thereto, no later than 23 September 19, 2012. Plaintiff was advised that failure to file an opposition would be deemed a 24 statement of non-opposition to the pending motion and would result in a recommendation that 25 this action be dismissed. Plaintiff did not file an opposition by September 19, 2012 and the court 26 accordingly recommended dismissal of the action. 1 Dockets.Justia.com 1 Plaintiff has now belatedly filed an opposition. The court will therefore vacate the 2 findings and recommendations, allow time for the filing of a reply, and submit the matter on the 3 papers. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations filed September 26, 2012 (Dkt. No. 14) are 6 vacated. 7 2. Reply shall be filed no later than October 11, 2012. 8 3. The motion to dismiss shall thereafter stand submitted on the papers. 9 Dated: October 2, 2012 10 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 11 12 13 4 ahmad1331.vac.sub 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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