GS Holistic, LLC v. J's Smoke Shop

Filing 32

ORDER signed by Magistrate Judge Kendall J. Newman on 11/15/2023 VACATING the 12/5/2023 hearing. Any opposition by defendants shall be filed no later than 11/28/2023, and the reply brief(s) from plaintiff, if any, are due 12/5/2023. (Clemente Licea, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GS HOLISTIC, LLC, 12 Plaintiff, 13 14 No. 1:23-cv-0286-KJM-KJN ORDER v. J'S SMOKE SHOP, ET AL., 15 Defendants. 16 17 Plaintiff, GS Holistic, LLC, filed a motion for default judgment against Shaibi Abdulqawi 18 on October 17, 2023. (ECF No. 30.) The matter is set for hearing on December 5, 2023. 19 Pursuant to Local Rule 230(c), defendants were required to file an opposition or statement of non- 20 opposition to the motion no later than fourteen (14) days after the filing date of the motion, i.e., 21 October 31, 2023. Although that deadline has passed, no opposition or statement of non- 22 opposition has been filed. 23 Out of an abundance of caution, and in light of the court’s desire to resolve the action on 24 the merits, the court provides defendants one additional, final opportunity to oppose the motion. 25 //// 26 //// 27 //// 28 1 ORDER 1 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. The December 5, 2023 hearing on plaintiff’s motion for default judgment is 4 VACATED. The court takes this matter under submission on the papers without oral 5 argument, pursuant to Local Rule 230(g). The court will reschedule a hearing at a 6 future date, if necessary; 7 2. Any opposition by defendants shall be filed no later than November 28, 2023, and the 8 9 reply brief(s) from plaintiff, if any, are due December 5, 2023; 3. Defendants are cautioned that failure to respond to the motion in compliance with this 10 order will be deemed as consent to a summary grant of the motion, and may result in 11 the imposition of a default judgment against them; and 12 4. Plaintiff shall promptly serve a copy of this order on defendants at their last-known 13 14 addresses, and file proofs of service. Dated: November 15, 2023 15 16 17 gsho.2086 18 19 20 21 22 23 24 25 26 27 28 2

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