Herman D. Shead v. Vang et al

Filing 96

ORDER vacating hearing of 9/30/13 and taking matter under submission. signed by District Judge Anthony W. Ishii on 9/26/13. (Nazaroff, H)

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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C/O VANG, et al.,
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Defendants.
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____________________________________)
HERMAN D. SHEAD,
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1:09-CV-0006 AWI SKO
ORDER TAKING MATTER
UNDER SUBMISSION

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Currently pending before the Court is Defendant’s motion to dismiss. Hearing on this

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matter is set for September 30, 2013. By Local Rule, Plaintiff was to file either a notice of non-

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opposition or an opposition no later than September 16, 2013. See Local Rule 230(c). Plaintiff

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failed to do so. Plaintiff is in violation of the Local Rules, and is not entitled to be heard in

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opposition at oral argument. See id. The Court has reviewed the moving papers and has

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determined that this matter is suitable for decision without oral argument. Local Rule 230(h).

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Therefore, IT IS HEREBY ORDERED that the previously set hearing date of September

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30, 2013, is VACATED, and the parties shall not appear at that time. As of September 30, 2013,

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the Court will take the Defendant’s motion to dismiss under submission and will thereafter issue

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its decision.

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IT IS SO ORDERED.

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Dated:
ciem0h

September 26, 2013
SENIOR DISTRICT JUDGE