Halloum v. Caliber Home Loans

Opinion

3 ook ok 4 || YOUSIF H. HALLOUM and IMAN Y. Case No. 2:22-cv-01787-JAD-EJY 6 Plaintiffs, REPORT AND RECOMMENDATION v. CALIBER HOME LOANS; FAY 8 || SERVICING; RED ROCK FINANCIAL; ASSESSMENT MANAGEMENT SERVICES; 9 || CAMCO HOMEOWNERS ASSOCIATION MANAGEMENT; LEVEL COMMUNITY 10 || MANAGEMENT; AMERICAN RECOVERY SERVICES; and TERRAWEST 11 || MANAGEMENT SERVICERS. 12 Defendants. 13 14 Pending before the Court 1s Caliber Home Loan’s Motion to Strike Plaintiffs’ Final Amend 15 || Complaint, ECF No.79, in which every other served defendant joined. See ECF Nos. 83, 84, 86, 8 16 || 89. No opposition to the Motion and Joinders was filed. Under Local Rule 7-2(d) the Court mi 17 || treat the failure of the non-moving party to oppose a motion as consent to granting the Motion. 18 Accordingly, IT IS HEREBY RECOMMENDED that the Motion to Strike Plaintiffs’ Fin 19 || Amended Complaint (ECF No. 79) be GRANTED. 20 IT IS FURTHER RECOMMENDED that the Final Amended Complaint (ECF No. 76) 1 21 || stricken from the docket. 22 Dated this 29th day of March, 2023. 23 24 ELA J. YOUGHI 95 UNITED STATES MAGISTRATE JUDGE

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NOTICE 1 Pursuant to Local Rule IB 3-2, any objection to this Finding and Recommendation must be 2 in writing and filed with the Clerk of the Court within fourteen (14) days. The Supreme Court has 3 held that the courts of appeal may determine that an appeal has been waived due to the failure to file 4 objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also 5 held that (1) failure to file objections within the specified time and (2) failure to properly address 6 and brief the objectionable issues waives the right to appeal the District Court’s order and/or appeal 7 factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 8 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27