Smith v State of California [CA Dept. of Corrections and Rehabilitation]

Filing 11

ORDER VACATING November 1, 2017 Hearing on Defendant's 7 Motion to Dismiss, signed by Magistrate Judge Stanley A. Boone on 10/19/17. (Martin-Gill, S)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 EARLENE SMITH, Plaintiff, 9 12 ORDER VACATING NOVEMBER 1, 2017 HEARING ON DEFENDANT’S MOTION TO DISMISS v. 10 11 Case No. 1:17-cv-01058-LJO-SAB STATE OF CALIFORNIA [CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION], Defendant. 13 14 On September 29, 2017, the California Department of Corrections and Rehabilitation 15 16 filed a motion to dismiss that is set for oral argument on November 1, 2017. Pursuant to the 17 Local Rule, Plaintiff’s opposition to the motion for summary judgment was due on October 18, 18 2017. L.R. 230(c). Plaintiff did not file a timely opposition to the motion. The Local Rule 19 provides that a party who fails to file a timely opposition is not entitled to be heard in opposition 20 to the motion at oral argument. L.R. 230(c). Accordingly, IT IS HEREBY ORDERED that the hearing set for November 1, 2017, is 21 22 VACATED and the parties will not be required to appear at that time. 23 24 IT IS SO ORDERED. 25 Dated: October 19, 2017 UNITED STATES MAGISTRATE JUDGE 26 27 28 1

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