Cox v. Reliance Standard Life Insurance Company

Filing 6

ORDER VACATING defendant's Motion to Dismiss, document #5 , noticed for hearing on 3/4/2013 before Judge Anthony W. Ishii. The Court has deemed the matter suitable for decision without oral argument and will take the matter under submission as of that date. Order signed by District Judge Anthony W. Ishii on 2/28/2013. (Rooney, M)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiffs,
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v.
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RELIANCE STANDARD LIFE
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INSURANCE COMPANY,
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Defendant.
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____________________________________)
NICOLE COX, et al.,

1:13-CV-104 AWI JLT
ORDER VACATING MARCH
4, 2013 HEARING

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Defendant has noticed for hearing and decision a motion to dismiss under Federal Rules
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of Civil Procedure 12(b)(6). The matter was scheduled for hearing to be held on March 4, 2013.
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Pursuant to Local Rule 230(c), Plaintiffs were required to file either an opposition or a notice of
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non-opposition no later than February 19, 2013. Plaintiffs failed to do so. Due to Plaintiffs’
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failure to file a timely opposition or notice of non-opposition, they are in violation of the Local
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Rules and are not entitled to be heard at oral argument in opposition to the motion. See Local
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Rule 230(c). The Court has reviewed Defendant’s motion and the applicable law, and has
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determined that the motion is suitable for decision without oral argument. See Local Rule
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230(h).
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Therefore, IT IS HEREBY ORDERED that the previously set hearing date of March 4,
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2013, is VACATED, and no party shall appear at that time. As of March 4, 2013, 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:
ciem0h

February 28, 2013
SENIOR DISTRICT JUDGE