Fenn v. Penske Logistics, Inc. et al

Filing 32

ORDER to SHOW CAUSE AND TO VACATE HEARING AND PRETRIAL CONFERENCE signed by District Judge Lawrence J. O'Neill on September 13, 2011. (Munoz, I)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 NORMAN FENN, JR., 10 CASE NO. CV F 10-1507 LJO SMS Plaintiff, ORDER TO SHOW CAUSE AND TO VACATE HEARING AND PRETRIAL CONFERENCE (Docs. 31.) 11 vs. 12 PENSKE LOGISTICS, INC., et al., 13 Defendants. 14 / 15 Given the September 26, 2011 hearing on defendants’ summary judgment motion, all opposition 16 papers, including opposition evidence and exhibits, were required to be filed and served no later than 17 September 12, 2011. Plaintiff failed to file and serve opposition evidence and exhibits to comply with 18 Local Rule 230(c). As such, this Court: 19 1. ORDERS plaintiff, no later than September 14, 2011, to file and serve papers to show 20 cause why sanctions, including striking of belatedly filed and served opposition evidence 21 and exhibits, should not be imposed; and 22 2. 23 VACATES the September 26, 2011 and October 4, 2011pretrial conference. The pretrial conference will be reset as necessary. 24 Pursuant to its practice, this Court will consider defendants’ summary judgment motion on the record 25 without a hearing. See Local Rule 230(g). 26 27 IT IS SO ORDERED. Dated: 66h44d September 13, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 28 1

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