Maria Lopez v. Wasco State Prison, et al.

Filing 60

ORDER VACATING Hearing Date of November 16, 2009 and taking matter under submission, signed by Chief Judge Anthony W. Ishii on 11/10/2009. (Martin, S)

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants have noticed for hearing and decision a motion to dismiss second amended complaint. The matter was scheduled for hearing to be held on November 16, 2009. Pursuant to Local Rule 78-230(c), Plaintiff was required to file either an opposition or a notice of nonopposition no later than November 2, 2009. Plaintiff failed to do so. Due to Plaintiff's failure to file a timely opposition or notice of non-opposition, she is in violation of the Local Rules. See 78-230(c). Plaintiff is further not entitled to be heard at oral argument in opposition to the motion. See 78-230(c). The court has reviewed Defendants' motion and the applicable law, and has determined that the motion is suitable for decision without oral argument. See Local Rule 78-230(h). /// /// /// MARIA LOPEZ, ) ) Plaintiff, ) ) v. ) ) WASCO STATE PRISON, et al., ) ) Defendants. ) ____________________________________) 1:08-CV-00889-AWI-BAK (GSA) ORDER VACATING HEARING DATE OF NOVEMBER 16, 2009, AND TAKING MATTER UNDER SUBMISSION

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Therefore, IT IS HEREBY ORDERED that the previously set hearing date of November 16, 2009, is VACATED, and no party shall appear at that time. As of November 16, 2009, the court will take the matter under submission, and will thereafter issue its decision.

IT IS SO ORDERED. Dated: 0m8i78 November 10, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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