Edmund William Sierra v. Dept of Family and Children Services et al

Filing 22

MINUTES (IN CHAMBERS) by Magistrate Judge Andrew J. Wistrich: Off Calendar 21 MOTION to Dismiss Case. Any opposition to the motion shall be served and filed by July 22, 2015. Any reply shall be served and filed by July 29, 2015. The motion shall be decided on the papers timely filed. (yb)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 15-3691-MMM(AJW) Date: July 1, 2015 Title: EDMUND WILLIAM SIERRA VS. DEPT. OF FAMILY AND CHILDREN SERVICES, ET AL. Present: The Honorable ANDREW J. WISTRICH, U.S. MAGISTRATE JUDGE Ysela Benavides N/A Deputy Clerk N/A Court Smart Recorder Attorneys Present for Plaintiff: Tape No. Attorneys Present for Defendant: N/A N/A ORDER VACATING HEARING DATE AND SETTING A BRIEFING SCHEDULE ON DEFENDANTS’ MOTION TO DISMISS COMPLAINT [#21] On June 30, 2015, defendants filed a motion to dismiss complaint and noticed the motion for hearing on August 10, 2015. The motion is off calendar. Any opposition to the motion shall be served and filed by July 22, 2015. Any reply shall be served and filed July 29, 2015. The motion shall be decided on the papers timely filed. Proceedings: The parties are cautioned that the Court may decline to consider any memorandum or other paper not filed within the deadline. The failure to file any required paper, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion, or may result in the dismissal of this action without prejudice for failure to prosecute, failure to comply with the Court's order, or failure to comply with the local rules. C.D. Cal. Local R. 7.12; see also C.D. Cal. Local R. 83-2.2.4 (a pro se litigant’s failure to comply with the local and federal rules may be ground for dismissal or judgment by default); see also Fed. R. Civ. P. 41(b) (authorizing dismissal of an action for failure to prosecute or to comply with the federal rules or a court order); Link v. Wabash R. Co., 370 U.S. 626, 629-630 (1962) (affirming dismissal for failure to prosecute); Ghazali v. Moran. 46 F.3d 52.54 (9th Cir.) (per curiam) (affirming dismissal for failure to follow local rule), cert. denied, 516 U.S. 838 (1995). cc: Parties : Initials of Preparer CV-90 (12/02) CIVIL MINUTES - GENERAL yb Page 1 of 1

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