J & J Sports Productions, Inc. v. Rubalcaba

Filing 12

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 J & J SPORTS PRODUCTIONS, INC., ) ) Plaintiff, ) ) v. ) ) JOSE DEL REFUGIO RUBALCABA SANDANA, aka JOSE LUIS RUBALCABA, ) ) individually and dba EL ATORON ) BILLIARDS, ) Defendant. ) 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 17 18 Plaintiff J & J Sports Productions, Inc. filed a motion to strike the affirmative defenses raised by 19 Defendant Jose Del Refugio Rubalcaba Sandana (“Defendant”) on September 17, 2013. (Doc. 10). 20 The Court advanced the hearing on the motion, to be held on October 17, 2013. (Doc. 11). Therefore, 21 any opposition by Defendant was to be filed no later than October 3, 2013. Pursuant to Local Rule 22 230(c), “No party will be entitled to be heard in opposition to a motion at oral arguments if no 23 opposition to the motion has not been timely filed by that party.” Consequently, because Defendant did 24 not file an opposition to the motion, he is not entitled to be heard at any hearing on the motion to strike 25 his affirmative defenses. 26 In addition, under Local Rule 230(g), “[a] motion may be submitted upon the record and briefs 27 on file . . . if the Court so orders.” The Court has reviewed motion and its supporting documents, and 28 finds the matter suitable for decision without oral argument pursuant to Local Rule 230(g). 1 1 Accordingly, IT IS HEREBY ORDERED: Plaintiff’s motion to strike Defendant’s 2 affirmative defenses (Doc. 10) is taken under submission, and the hearing date of October 17, 2013 is 3 VACATED. 4 5 6 7 IT IS SO ORDERED. Dated: October 7, 2013 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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