Myers v. City of Madera et al

Filing 37

ORDER vacating hearing date of May 23, 2011 and taking matter under submission signed by Chief Judge Anthony W. Ishii on 3/18/2011. (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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STEPHEN MYERS,
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Plaintiff,
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v.
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CITY OF MADERA, et al.,
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Defendants.
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____________________________________)

1:10-CV-01398 AWI JLT
ORDER VACATING MAY 23,
2011 HEARING DATE AND
TAKING MATTER UNDER
SUBMISSION

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Currently pending before this Court is Defendants’ motion to dismiss. This motion is set

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for hearing on May 23, 2011, at 1:30 p.m. in Courtroom 2. Pursuant to Local Rule 230(c),

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Plaintiff was required to file an opposition no later than May 9, 2011. Plaintiff, however, did not

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file an opposition until May 16, 2011.

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Due to Plaintiff’s failure to file a timely opposition, he is in violation of the Local Rules.

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Plaintiff is therefore not entitled to be heard at oral argument in opposition to Defendants’

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motion. See Local Rule 230(c). The Court notes that this is Plaintiff’s second violation of Local

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Rule 230(c). Plaintiff previously filed an untimely opposition to Defendants’ motion for

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judgment on the pleadings. The Court is beginning to detect an undesirable pattern concerning

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Plaintiff’s oppositions. In light of Plaintiff’s previous violations, should additional motions be

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filed in this case, the Court will be disinclined to accept and review any further untimely

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oppositions. If in the future Plaintiff requires additional time to file an opposition, then Plaintiff

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is directed to file a request for additional time with the Court prior to the date the opposition is

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due.

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The Court has reviewed the papers and has determined that this matter is suitable for

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decision without oral argument. See Local Rule 230(g). Therefore, IT IS HEREBY ORDERED

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that the previously set hearing date of May 23, 2011, is VACATED, and the parties shall not

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appear at that time. As of May 23, 2011, the Court will take the matter under submission, and

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will thereafter issue its decision.

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IT IS SO ORDERED.

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Dated:
0m8i78

May 18, 2011
CHIEF UNITED STATES DISTRICT JUDGE

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