Stephen D. Cook, II, et al. v. NewRez LLC, et al.

Summary

The United States District Court for the Eastern District of California issued an order to show cause after plaintiffs failed to respond to defendants’ motion to dismiss. The court continued the hearing, ordered plaintiffs to file an opposition or statement of non-opposition, and required them to show cause why sanctions should not be imposed, warning that noncompliance would result in a recommendation of dismissal.

Holdings

1. Because plaintiffs failed to file the opposition or statement of non-opposition required by E.D. Cal. Local Rule 230(c), the court required them to show cause why sanctions should not be imposed and warned that failure to comply with the order could result in a recommendation that the action be dismissed.
2. The court continued the hearing on defendants' motion to dismiss from December 4, 2025, to January 15, 2026, at 10:00 a.m., and established deadlines for plaintiffs' response, plaintiffs' show-cause filing, and any defendants' reply.

Questions Presented

1. Whether plaintiffs' failure to respond to defendants' motion to dismiss warranted an order to show cause concerning sanctions.
2. Whether the hearing on defendants' motion to dismiss should be continued to permit plaintiffs to respond.

Disposition

other