Roberts et al v. UBS AG et al

Filing 30

ORDER TO VACATE HEARING signed by District Judge Lawrence J. O'Neill on January 29, 2013. (Munoz, I)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 NADIA ROBERTS, et al., CASE NO. CV F 12-0724 LJO SKO 11 Plaintiffs, 12 13 ORDER TO VACATE HEARING (Doc. 26.) vs. UBS AG, et al., 14 Defendants. 15 / 16 On January 14, 2013, defendant UBS AG filed a F.R.Civ.P. 12(b)(6) motion to dismiss plaintiffs’ 17 First Amended Complaint and set a February 11, 2013 hearing. This Court’s Local Rule 230(c) 18 provides: “Opposition, if any, to the granting of the motion shall be in writing and shall be filed and 19 served not less than fourteen (14) days preceding the noticed . . . hearing date. . . . No party will be 20 entitled to be heard in opposition to a motion at oral arguments if opposition to the motion has not been 21 timely filed by that party.” 22 The deadline to file papers to oppose the defense motion to dismiss expired on January 28, 2013. 23 As such, this Court considers the motion to dismiss as unopposed and VACATES the February 11, 2013 24 hearing. This Court will issue its ruling on the motion to dismiss based on the current record and will 25 entertain no further filings to address the motion to dismiss. 26 27 IT IS SO ORDERED. Dated: January 29, 2013 /s/ Lawrence J. O'Neill 66h44d UNITED STATES DISTRICT JUDGE 28 1

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