Yith et al v. Johnson et al

Filing 56

ORDER VACATING MARCH 9, 2016 HEARING signed by District Judge Lawrence J. O'Neill on March 2, 2016. (Munoz, I)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SEANLIM YITH and SEAK LEANG
YITH,
Plaintiffs,

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v.

Case No. 1:14-CV-01875-LJO-SKO

ORDER VACATING MARCH 9, 2016
HEARING

JEH JOHNSON, et al.,
Defendants.

(Doc. 52)

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In their “Notice of Motion and Motion for Reconsideration or to Alter or Amend Judgment of
1/8/2016 Dismissing Case and Denying Leave to Amend,” Plaintiffs make an unsupported assertion
that counsel has a “normal right to offer oral argument,” and explicitly request such a hearing on the
instant Motion. Doc. 52, at 1. However, Plaintiffs have no such “right” to a hearing in which to
present oral arguments. It is within the discretion of this Court to order that a given motion be
submitted on the papers and without oral argument pursuant to Eastern District Local Rule 230(g)
which provides, in relevant part:

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Upon call of the motion, the Court will hear appropriate and reasonable oral argument.
Alternatively, the motion may be submitted upon the record and briefs on file if the parties
stipulate thereto, or if the Court so orders, subject to the power of the Court to reopen the
matter for further briefs or oral argument or both.

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Local Rule 230(g) (emphasis added). Under Local Rule 230(g), and in the interest of judicial

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economy, the Court hears oral arguments only if such argument would assist the Court in

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understanding the positions set forth by the parties in their motion papers.

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Here, as Defendants have submitted a timely opposition to the instant Motion (Doc. 54), and
Plaintiffs have filed a timely reply (Doc. 55), the matter is ripe for review. Having carefully
considered the parties’ briefings, which clearly assert their respective positions on the issues at

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hand, the Court concludes that oral argument is unnecessary in deciding the instant Motion.
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Accordingly, the hearing set for March 9, 2016, at 8:30 AM, is hereby VACATED.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

March 2, 2016

UNITED STATES DISTRICT JUDGE

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