Napier v. United States of America

Filing 7

ORDER vacating hearing date of 9/10/12 and taking matter under submission. signed by Chief Judge Anthony W. Ishii on 9/7/12. (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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Plaintiff,
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v.
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UNITED STATES OF AMERICA,
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Defendant.
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____________________________________)
DENNIS NAPIER,
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1:12-CV-1266 AWI DLB
ORDER VACATING
HEARING AND TAKING
MATTER UNDER
SUBMISSION

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Currently pending before this Court is Defendant United States’s Rule 12(b)(1) motion to

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dismiss. This motion is set for hearing on September 10, 2012, at 1:30 p.m. Pursuant to Local

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Rule 230, Plaintiff was required to file either an opposition or a notice of non-opposition no later

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than August 27, 2012. Plaintiff failed to do so. Due to Plaintiff’s failure to file a timely

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opposition or notice of non-opposition, he is in violation of the Local Rules and is not entitled to

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be heard at oral argument. See Local Rule 230(c). The Court has reviewed Defendant’s 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(h).

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Therefore, IT IS HEREBY ORDERED that the previously set hearing date of September

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10, 2012, is VACATED, and no party shall appear at that time. As of September 10, 2012, the

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Court will take the matter under submission, and will thereafter issue its decision.

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IT IS SO ORDERED.

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Dated:
ciem0h

September 7, 2012
CHIEF UNITED STATES DISTRICT JUDGE