Hurtado v. One West, et al.

Filing 7

ORDER VACATING Hearing Date of September 14, 2009, and Taking Matter Under Submission signed by Chief Judge Anthony W. Ishii on 9/10/2009. (Figueroa, O)

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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 Defendant Trustee Corps has noticed for hearing and decision a motion to dismiss. The matter was scheduled for hearing to be held on September 14, 2009. Pursuant to Local Rule 78230(c), Plaintiff was required to file either an opposition or a notice of non-opposition no later than August 31, 2009. Plaintiff failed to do so. Due to Plaintiff's failure to file a timely opposition or notice of non-opposition, he 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 Defendant's motion and the applicable law, and has determined that the motion is suitable for decision without oral argument. See Local Rule 78-230(h). /// /// ) ) Plaintiff, ) ) v. ) ) ONE WEST, dba INDYMAC BANK, ) a California corporation, TRUSTEE ) CORPS, an entity unknown, and DOES ) 1 through 10, ) ) Defendants. ) ____________________________________) RUBEN R. HURTADO, Jr., NO. 1:09-CV-01157-AWI ORDER VACATING HEARING DATE OF SEPTEMBER 14, 2009, AND TAKING MATTER UNDER SUBMISSION 1 2 3 4 5 6 Therefore, IT IS HEREBY ORDERED that the previously set hearing date of September 14, 2009, is VACATED, and no party shall appear at that time. As of September 14, 2009, the court will take the matter under submission, and will thereafter issue its decision. IT IS SO ORDERED. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Dated: 0m8i78 September 10, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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