Dixon v. Wesbrook, et al.

Filing 9

ORDER VACATING Hearing Date of October 3, 2011 and Taking Matter Under Submission, No Party Shall Appear at this Time; Court will take this matter under submission, and will thereafter issue its decision, signed by Chief Judge Anthony W. Ishii on 09/29/2011. (Martin-Gill, S)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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DENISA DIXON,
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v.
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B.P.D. OFFICERS WESBROOK, et al.,
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Defendants.
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____________________________________)

NO. 1:11-CV-01290 AWI-JLT

Plaintiff,

ORDER VACATING HEARING
DATE OF OCTOBER 3, 2011
AND TAKING MATTER
UNDER SUBMISSION

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Defendants have noticed for hearing and decision a motion to dismiss Plaintiff’s first
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amended complaint. The matter was scheduled for hearing to be held on October 3, 2011.
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Pursuant to Local Rule 230(c), Plaintiff was required to file either an opposition or a notice of
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non-opposition no later than September 20, 2011. Plaintiff failed to do so.
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Due to Plaintiff’s failure to file a timely opposition or notice of non-opposition, Plaintiff
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is in violation of the Local Rules. Plaintiff is further not entitled to be heard at oral argument in
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opposition to the motion. See Local Rule 230(c). The court has reviewed Defendants’ motion
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and the applicable law, and has determined that the motion is suitable for decision without oral
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argument. See Local Rule 230(g).
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Therefore, IT IS HEREBY ORDERED that the previously set hearing date of October 3,
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2011 is VACATED, and no party shall appear at that time. As of October 3, 2011, the court will
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take the matter under submission, and will thereafter issue its decision.
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IT IS SO ORDERED.
Dated:
0m8i78

September 29, 2011
CHIEF UNITED STATES DISTRICT JUDGE