Gilbert v. Chase Home Finance, LLC et al.

Filing 24

ORDER on plaintiff's motion to continue hearing. signed by District Judge Anthony W. Ishii on 7/25/13. (Nazaroff, H)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 ) ) Plaintiff, ) v. ) ) CHASE HOME FINANCE, LLC, ) JPMORGAN CHASE BANK, N.A., and ) DOES 1-100 inclusive, ) ) Defendants. ) ____________________________________) JAMES D. GILBERT, 1:13-CV-265 AWI SKO ORDER ON PLAINTIFF’S MOTION TO CONTINUE HEARING 15 16 On July 23, 2013, the Court vacated a July 29, 2013 hearing on Defendants’ motion to 17 dismiss. The Court noted that Plaintiff had failed to file an opposition and was in violation of the 18 local rules. After the Court signed the order, but before the order was docketed, Plaintiff filed an 19 untimely opposition. 20 On July 24, 2013, Plaintiff filed a combined motion to continue and leave to file a late 21 opposition, and improperly set that motion for a hearing for July 29, 2013, despite the fact that 22 this date had been vacated and the motion to dismiss had been taken under submission. 23 Also on July 24, 2013, Defendants filed a reply. As part of the reply, Defendants contend 24 that Plaintiff’s failure to file a timely opposition should be construed as a consent to dismissal. 25 Plaintiff’s motion to continue will be denied. There is no proper reason to continue the 26 hearing on the motion to dismiss. Further, the Court has reviewed the opposition and the reply, 27 and a hearing on the motion to dismiss remains unnecessary. The Court, however, will consider 28 1 the opposition and the reply. The consequence of a failure to file a timely opposition is that a 2 party will not be heard at oral argument; it is not consent to dismissal. 3 4 5 Accordingly, IT IS HEREBY ORDERED that: 1. 6 Plaintiffs’ motion to continue is DENIED, but the Court will consider Plaintiff’s untimely opposition; 7 2. The July 29, 2013, hearing date remains VACATED as to all motions in this case; and 8 3. The Court will issue its decision on Defendants’ motion to dismiss on after July 29, 2013. 9 IT IS SO ORDERED. 10 11 Dated: 0m8i78 July 25, 2013 SENIOR DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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