Warner v. CMG Mortgage Inc et al

Northern District of California, cand-4:2015-cv-01835

ORDER RE: PLAINTIFF'S FAILURE TO FILE PROPER OPPOSITIONS TO DEFENDANTS' MOTIONS TO DISMISS, CONTINUING HEARINGS. Set/Reset Deadlines as to {{52}} MOTION to Dismiss the First Amended Complaint, {{55}} MOTION to Dismiss First Amended Complaint, {{46}} MOTION to Dismiss Plaintiff's First Amended Complaint. Responses due by 7/22/2015. Replies due by 7/30/2015. Motion Hearing set for 9/1/2015 02:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Yvonne Gonzalez Rogers. The hearing on Motion [Dkt.No. 13] set for 7/28/15 is VACATED. Signed by Judge Yvonne Gonzalez Rogers on 7/7/15.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 JACQUELINE A. WARNER, 7 Case No. 15-cv-01835-YGR Plaintiff, 8 v. ORDER RE: PLAINTIFF'S FAILURE TO FILE 9 PROPER OPPOSITIONS TO DEFENDANTS' CMG MORTGAGE INC., ET AL., MOTIONS TO DISMISS, CONTINUING 10 HEARINGS Defendants. 11 12 The remaining defendants have filed motions to dismiss pro se plaintiff Jacqueline Northern District of California United States District Court 13 Warner's First Amended Complaint (Dkt. No. 34 ("FAC")), currently set for hearings on August 14 4, August 11, and August 25, 2015. (Dkt. Nos. 46, 52, 55.)1 The Court hereby CONTINUES the 15 hearings to Tuesday, September 1, 2015, at 2 p.m. in Courtroom 1 of the Federal Courthouse 16 located at 1301 Clay Street in Oakland, California. All three motions shall be heard on that 17 calendar pending further notice from the Court. 18 Pursuant to this Court's Civil Local Rule 7-3(a), plaintiff was required to file either a brief 19 opposing each motion to dismiss her lawsuit, or a notice that she does not oppose dismissal. Said 20 opposition briefs were required to comply with other applicable rules, including Civil Local Rule 21 7-4. Instead, in response to the pending motions, plaintiff has filed numerous "notices" in 22 multiple parts that are largely unintelligible or premised upon a mistaken understanding of the 23 applicable rules. Plaintiff's various responsive filings, instead of addressing the merits of 24 defendants' motions and presenting legal argument, typically (1) state that plaintiff "does not 25 26 1 The Court hereby DENIES as moot defendant CMB Mortgage Inc.'s motion to dismiss the 27 initial complaint (Dkt. No. 13), subsequently joined by defendant Orange Coast Title Company, because plaintiff subsequently filed an FAC pursuant to Federal Rule of Civil Procedure 28 15(a)(1)(B). Thus, the hearing on that motion set for July 28, 2015 is VACATED. 1 consent to any new contract offer," (2) indicate defendants "gave up all claims and defenses and 2 standing to make any claim including the subject 'MOTION TO DISMISS,'" and (3) attach copies 3 of the defendants' briefs with handwritten notes on each page indicating they were returned to 4 sender and are therefore "VOID and UNLAWFUL and without effect" pursuant to the Uniform 5 Commercial Code. (See, e.g., Dkt. Nos. 50 at 4, 57 at 5, 57-1 at 2.) 6 Defendants have brought motions that argue plaintiff's First Amended Complaint fails to 7 state a claim as a matter of law. See Fed. R. Civ. P. 12(b)(6). Defendants Ally Bank and Ally 8 Financial, Inc. also argue the Court lacks subject-matter jurisdiction over this action. See Fed. R. 9 Civ. P. 12(b)(1). If the Court grants the motions, the case will likely be dismissed. See Bell Atl. 10 Corp. v. Twombly, 550 U.S. 544, 570 (2007) (holding that in order to survive a motion to dismiss, 11 a complaint must allege "enough facts to state a claim to relief that is plausible on its face"). 12 Plaintiff's filings do not comply with the applicable rules and the Court therefore construes the Northern District of California United States District Court 13 pending motions as unopposed. If plaintiff wishes to oppose the pending motions to dismiss, she 14 shall file a proper opposition brief. The Court hereby extends plaintiff's time to file an opposition. 15 By no later than July 22, 2015, plaintiff shall file a single opposition brief of no more than 25 16 pages addressing all three motions to dismiss and the legal arguments contained therein. If 17 plaintiff fails to file an opposition brief by the deadline, the motions shall be deemed unopposed 18 and the case may be dismissed for "failure to prosecute," that is, a failure to meet deadlines and 19 keep the lawsuit moving forward. Defendants' replies thereto shall be filed by July 30, 2015. 20 The Court further notes that Ms. Warner may seek assistance at the Court's Legal Help 21 Center. The Legal Help Center may assist persons who do not have lawyers if they make an 22 appointment. The Legal Help Center's phone number is (415) 782-8982 and its website is 23 http://cand.uscourts.gov/helpcentersf. 24 This Order terminates Docket Number 13. 25 IT IS SO ORDERED. 26 Dated: July 7, 2015 27 ______________________________________ YVONNE GONZALEZ ROGERS 28 UNITED STATES DISTRICT COURT JUDGE 2