Free Order - District Court of California - California

Case 3:07-cv-02122-L-NLS

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Filed 01/23/2008

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1 2 3 4 5 6 7 8 9 10 11 SHAMELLE R. MORRIS, 12 13 14 15 16 17 ) ) ) Plaintiff, ) ) v. ) HOMECOMINGS FINANCIAL, LLC; et ) ) al., ) ) Defendants. ) Civil No. 07cv2122-L (NLS) ORDER RE: ORAL ARGUMENT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Defendant Homecomings Financial, LLC's motion to dismiss the complaint or

18 alternatively, for a more definite statement [doc. #2] is set for hearing on January 28, 2008.1 19 The Court finds this motion suitable for determination on the papers submitted and without oral 20 argument pursuant to Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required. 21 After defendant's motion was filed, plaintiff, who is appearing without counsel, filed a

22 motion for summary judgment which is set for hearing on February 11, 2008. [doc. #5]. 23 Because defendant's motion to dismiss is pending, the Court will not require defendant to file an 24 opposition to plaintiff's motion, will vacate the February 11, 2008 hearing date and will 25 26 The Court notes that plaintiff has not filed a timely opposition to defendant's motion to dismiss or for a more definite statement. Civil Local Rule 7.1.f.3 provides that "[i]f an 27 opposing party fails to file the papers in the manner required by Civil Local Rule 7.1.e.2, that 28 failure may constitute a consent to the granting of a motion or other request for ruling by the court."
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Case 3:07-cv-02122-L-NLS

Document 7

Filed 01/23/2008

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1 reschedule the motion for summary judgment if it is deemed necessary. 2 Based on the foregoing, oral argument on defendant's motion to dismiss and plaintiff's

3 motion for summary judgment are VACATED. Defendant is not required to file an opposition 4 to plaintiff's motion for summary judgment unless the Court so orders. 5 IT IS SO ORDERED.

6 DATED: January 23, 2008 7 8 9 10 COPY TO: 11 HON. NITA L. STORMES UNITED STATES MAGISTRATE JUDGE 12 ALL PARTIES/COUNSEL 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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M. James Lorenz United States District Court Judge