Simpson v. Interscope Geffen A&M Records

Filing 8

ORDER VACATING hearing date of December 21, 2009 and taking the matter under submission, signed by Chief Judge Anthony W. Ishii on 12/16/2009. (Kusamura, W)

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 matter was 18 scheduled for hearing to be held on December 21, 2009. Pursuant to Local Rule 78-230(c), 19 Plaintiff was required to file either an opposition or a notice of non-opposition no later than 20 December 7, 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 Defendant's 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 JERRY SIMPSON, JR., ) ) Plaintiff, ) ) v. ) ) INNERSCOP A and M GIFFEN ) RECORDS, INC. [sic]; PRODUCER [sic]; ) DOES 1-5 6-25 [sic]; and FERGIE 25 [sic], ) ) Defendants. ) ____________________________________) NO. 1:09-CV-01931-AWI-DLB ORDER VACATING HEARING DATE OF DECEMBER 21, 2009, AND TAKING MATTER UNDER SUBMISSION

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Therefore, IT IS HEREBY ORDERED that the previously set hearing date of December 21, 2009, is VACATED, and no party shall appear at that time. As of December 21, 2009, the court will take the matter under submission, and will thereafter issue its decision.

IT IS SO ORDERED. Dated: 0m8i78 December 16, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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