Carter v. City Of Fresno

Filing 10

ORDER vacating hearing date of April 15, 2013 and taking matter under submission. signed by District Judge Anthony W. Ishii on 4/11/13. (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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CITY OF FRESNO,
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Defendant.
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____________________________________)
LEWIS CARTER, JR.,
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1:13-CV-290 AWI MJS
ORDER VACATING APRIL 15,
2013, HEARING AND TAKING
MATTER UNDER
SUBMISSION

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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 April 15, 2013.

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Pursuant to Local Rule 230(c), Plaintiff was required to file either an opposition or a notice of

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non-opposition no later than April 1, 2013. Plaintiff failed to do so. Due to Plaintiff’s failure to

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file a timely opposition or notice of non-opposition, he is in violation of the Local Rules. See

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Local Rule 230(c). Plaintiff is not entitled to be heard at oral argument in opposition to the

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motion. See id. 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 April 15,

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2013, is VACATED, and no party shall appear at that time. As of April 15, 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.

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Dated:
ciem0h

April 11, 2013
SENIOR DISTRICT JUDGE