Schiavone v. U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust et al
| Pamela King Schiavone |
| U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust, Caliber Home Loans, Inc., Summit Management Company, LLC and Does 1-100 Inclusive |
| 3:2016cv02939 |
| December 2, 2016 |
| U.S. District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Jill L. Burkhardt |
| Janis L. Sammartino |
| Foreclosure |
| 28 U.S.C. ยง 1444 |
| Both |
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Filing
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ORDER Granting 12 Motion to Dismiss With Prejudice. Plaintiff's non- responsiveness in opposing these motions, but precise timing in filing her Amended Complaint, indicates that defendants are likely correct that "Plaintiff's acti on represents nothing more than a baseless attempt to delay foreclosure by any means necessary." (MTD 1.) Furthermore, our district's civil local rules explicitly provide that failure "to file... papers in the manner required... may constitute a consent to the granting of the motion...." (Civ. L.R. 7.1.f.3.c.) "Failure to follow a district court's local rules is a proper ground for dismissal." Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). And in the present case Plaintiff should have been aware of this rule; the Court cited it in its prior dismissal Order. (ECF No. 10.). Signed by Judge Janis L. Sammartino on 4/26/2017. (dxj)
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