Lopez v. EquiFirst Corporation et al

Filing 22

ORDER signed by Chief Judge Anthony W. Ishii on 10/7/2009 vacating hearing date and taking matter under submission regarding 10 Motion to Dismiss. (Lundstrom, T)

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 Defendants have noticed for hearing and decision a motion to dismiss the complaint. The 18 matter was scheduled for hearing to be held on October 19, 2009. Pursuant to Local Rule 7819 230(c), Plaintiff was required to file either an opposition or a notice of non-opposition no later 20 than October 5, 2009. Plaintiff failed to do so. 21 Due to Plaintiff's failure to file a timely opposition or notice of non-opposition, he is in 22 violation of the Local Rules. See 78-230(c). Plaintiff is further not entitled to be heard at oral 23 argument in opposition to the motion. See 78-230(c). The court has reviewed Defendants' 24 motion and the applicable law, and has determined that the motion is suitable for decision 25 without oral argument. See Local Rule 78-230(h). 26 /// 27 /// 28 JUAN LOPEZ, ) ) ) v. ) ) EQUIFIRST CORPORATION, OCWEN ) LOAN SERVICING, LLC., BRADLEY ) GAWIN GILTON, and DOES 1-100, ) ) Defendants. ) ____________________________________) Plaintiff, NO. 1:09-CV-01290-AWI-DLB ORDER VACATING HEARING DATE OF OCTOBER 19, 2009, AND TAKING MATTER UNDER SUBMISSION

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Therefore, IT IS HEREBY ORDERED that the previously set hearing date of October 19, 2009, is VACATED, and no party shall appear at that time. As of October 19, 2009, the court will take the matter under submission, and will thereafter issue its decision.

IT IS SO ORDERED. Dated: 0m8i78 October 7, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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