Alonso v. Blackstone Financial Group, LLC et al

Filing 25

ORDER Directing Defendant to file a New Notice of Motion. Accordingly, defendant shall either 1) file a stipulation by the parties to hold the hearing on shortened time or 2) set a hearing date allowing proper notice for the motion on a Wednesday at 9:30 am. Defendant shall file and serve a new notice of motion for hearing on the motion to continue the trial date. Order signed by Magistrate Judge Stanley A Boone on 2/7/2013. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ROSARIO ALONSO,

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CASE NO. 1:11-cv-01693-SAB
Plaintiff,
ORDER DIRECTING DEFENDANT TO FILE
A NEW NOTICE OF MOTION

v.
BLACKSTONE FINANCIAL
GROUP LLC,
et al.,
Defendants.

(ECF No. 23)

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On January 22, 2013, Plaintiff filed a motion to amend the complaint with a hearing set for

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February 20, 2013. (ECF No. 22.) On January 6, 2013, Defendant filed an opposition to the motion

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to amend the complaint, and a motion to continue the trial date. (ECF Nos. 23, 24.) Defendant set

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the motion to continue the trial date for February 20, 2013, which fails to comply with the time

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requirements set by Local Rule 230(b).

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The hearing on a motion is to be set not less than 28 days after service and filing of the

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motion. Defendant’s motion for a continuance of the trial date is unrelated to Plaintiff’s motion to

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amend the complaint, and Defendant is required to give proper notice and an opportunity for Plaintiff

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to respond.

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Accordingly, Defendant shall either 1) file a stipulation by the parties to hold the hearing on

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shortened time or 2) set a hearing date allowing proper notice for the motion on a Wednesday at 9:30

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a.m.1 Defendant shall file and serve a new notice of motion for the hearing on the motion to

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continue the trial date. The parties are encouraged to communicate over the setting of the motions.

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In this instance, the Court is amenable to hearing the motion on a shortened schedule should the

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parties be willing to stipulate to the hearing date and have both matters heard on the same date.

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IT IS SO ORDERED.
Dated:
i1eed4

February 7, 2013

/s/ Stanley A. Boone
UNITED STATES MAGISTRATE JUDGE

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Defendant is advised that the Court shall be unavailable on March 20, 2012, and March 27, 2012.

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