Chayo Briggs v. Deutsche Bank National Trust

FILED
NOT FOR PUBLICATION APR 30 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CHAYO BRIGGS, a Male individual; No. 13-55615
ABRAHAM VEGA MORENO,
D.C. No. 5:12-cv-01286-PSG-
Plaintiffs - Appellants, FFM
v.
MEMORANDUM*
DEUTSCHE BANK NATIONAL TRUST
COMPANY, a National Banking
Association as Trustee for Morgan Stanley
ABS Capital Inc, Home Equity Trust
2005-HE7, Erroneously Sued As Deutsche
Bank National Trust Company; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Chayo Briggs and Abraham Vega Moreno appeal pro se from the district
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
court’s judgments in their action alleging violations of state and federal law in
connection with a non-judicial foreclosure. We have jurisdiction under 28 U.S.C.
§ 1291. We review for an abuse of discretion the district court’s dismissal for
failure to comply with its local rules. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.
1995) (per curiam). We affirm.
The district court did not abuse its discretion in dismissing plaintiffs’ claims
against defendants Deutsche Bank National Trust Co., JP Morgan Chase Bank,
N.A., Mortgage Electronic Registration Systems, Inc., and WMC Mortgage
Corporation because plaintiffs failed to oppose these defendants’ motions to
dismiss. See C.D. Cal. R. 7-9 (requiring the filing of an opposition or statement of
non-opposition to a motion to dismiss); C.D. Cal. R. 7-12 (providing that the
failure to file any required document may be deemed consent to the granting or
denial of the motion); Ghazali, 46 F.3d at 53-54 (setting forth factors to be
considered before dismissing an action for failure to follow the local rules,
affirming dismissal for failure to file opposition to motion to dismiss, and noting
that pro se litigants are bound by the rules of procedure).
We reject defendant WMC Mortgage Corporation’s argument that this court
lacks appellate jurisdiction over plaintiffs’ appeal. See Fed. R. App. P. 4(b)(2) (“A
notice of appeal filed after the court announces a decision, sentence, or order–but
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before the entry of the judgment or order–is treated as filed on the date of and after
the entry.”)
Defendants Deutsche Bank National Trust Co., JP Morgan Chase Bank,
N.A., and Mortgage Electronic Registration Systems, Inc.’s Motion to Take
Judicial Notice, filed on December 17, 2013, is granted.
AFFIRMED.
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