J & J Sports Productions, Inc. v. Rubalcaba
Filing
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ORDER VACATING the Hearing date of October 17, 2013 and taking 10 Motion to Strike Under Submission, signed by Magistrate Judge Jennifer L. Thurston on 10/7/2013. (Kusamura, W)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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J & J SPORTS PRODUCTIONS, INC.,
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Plaintiff,
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v.
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JOSE DEL REFUGIO RUBALCABA
SANDANA, aka JOSE LUIS RUBALCABA, )
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individually and dba EL ATORON
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BILLIARDS,
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Defendant.
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Case No.: 1:13-cv-0842 - AWI- JLT
ORDER VACATING THE HEARING DATE OF
OCTOBER 17, 2013 AND TAKING PLAINTIFF’S
MOTION TO STRIKE UNDER SUBMISSION
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Plaintiff J & J Sports Productions, Inc. filed a motion to strike the affirmative defenses raised by
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Defendant Jose Del Refugio Rubalcaba Sandana (“Defendant”) on September 17, 2013. (Doc. 10).
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The Court advanced the hearing on the motion, to be held on October 17, 2013. (Doc. 11). Therefore,
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any opposition by Defendant was to be filed no later than October 3, 2013. Pursuant to Local Rule
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230(c), “No party will be entitled to be heard in opposition to a motion at oral arguments if no
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opposition to the motion has not been timely filed by that party.” Consequently, because Defendant did
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not file an opposition to the motion, he is not entitled to be heard at any hearing on the motion to strike
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his affirmative defenses.
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In addition, under Local Rule 230(g), “[a] motion may be submitted upon the record and briefs
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on file . . . if the Court so orders.” The Court has reviewed motion and its supporting documents, and
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finds the matter suitable for decision without oral argument pursuant to Local Rule 230(g).
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Accordingly, IT IS HEREBY ORDERED: Plaintiff’s motion to strike Defendant’s
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affirmative defenses (Doc. 10) is taken under submission, and the hearing date of October 17, 2013 is
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VACATED.
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IT IS SO ORDERED.
Dated:
October 7, 2013
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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