Gilbert v. Chase Home Finance, LLC et al.

Filing 21

ORDER VACATING Hearing and Taking Matter Under Submission, signed by District Judge Anthony W. Ishii on 7/23/2013. The previously set hearing date of July 29, 2013, is VACATED. (Marrujo, C)

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1 2 IN THE UNITED STATES DISTRICT COURT FOR THE 3 EASTERN DISTRICT OF CALIFORNIA 4 5 ) ) Plaintiff, ) v. ) ) CHASE HOME FINANCE, LLC, ) JPMORGAN CHASE BANK, N.A., and ) DOES 1-100 inclusive, ) ) Defendants. ) ____________________________________) JAMES D. GILBERT, 6 7 8 9 10 1:13-CV-265 AWI SKO ORDER VACATING HEARING AND TAKING MATTER UNDER SUBMISSION 11 12 13 Defendants have noticed for hearing and decision a motion to dismiss. The matter is 14 scheduled for hearing on July 29, 2013, at 1:30 p.m. in Courtroom No. 2. Pursuant to Local Rule 15 230(c), Plaintiff was required to file either an opposition or a notice of non-opposition no later 16 than July 15, 2013. Plaintiff failed to do so. Due to Plaintiff’s failure to file a timely opposition 17 or notice of non-opposition, they are in violation of the Local Rules. See Local Rule 230(c). 18 Plaintiffs are not entitled to be heard at oral argument in opposition to the motion. See id. The 19 Court has reviewed Defendants’ motion and the applicable law, and has determined that the 20 motion is suitable for decision without oral argument. See Local Rule 230(h). 21 22 Therefore, IT IS HEREBY ORDERED that the previously set hearing date of July 29, 23 2013, is VACATED, and no party shall appear at that time. As of July 29, 2013, the Court will 24 take the matter under submission, and will thereafter issue its decision. 25 IT IS SO ORDERED. 26 27 28 Dated: ciem0h July 23, 2013 SENIOR DISTRICT JUDGE

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