Ostrander v. HSBC Bank USA, N.A. et al

Filing 27

ORDER signed by Magistrate Judge Edmund F. Brennan on 07/07/09 ORDERING that the 24 OSC is DISCHARGED; the hearing on dfts' 8 , 13 Motions to Dismiss remain on 07/29/09 at 10:00 a.m. and no further filing is required by plf. (Benson, A.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. HSBC BANK USA, N.A., et al., Defendants. / ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA NYCOLE Y. OSTRANDER, Plaintiff, No. CIV S-09-1255 JAM EFB PS

This court's order to show cause, filed June 29, 2009, directs plaintiff Nycole Ostrander to show cause why sanctions should not be imposed due to her failure to file an opposition to defendants' pending motions to dismiss, previously scheduled for hearing on July 8, 2009. Plaintiff's opposition should have been filed on or before June 24, 2009. See E. D. Cal. L. R. ("Local Rule") 78-230(c). See Dckt. No. 24. However, plaintiff filed her opposition, or "objections," to the pending motions, on June 26, 2009 (a Friday), which necessarily were not docketed by the Clerk of Court until June 29, 2009 (a Monday). See Dckt. No. 26. The docketing of plaintiff's opposition preceded the filing of the court's order to show cause. While plaintiff's opposition was untimely, the court will nonetheless consider it, in deference to plaintiff's pro se status. The order to show cause will therefore be discharged.
1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Accordingly, IT IS HEREBY ORDERED that: 1. The order to show cause filed by this court on June 29, 2009, Dckt. No. 24, is discharged; 2. The hearing on defendants' motions to dismiss shall remain scheduled for July 29, 2009, at 10:00 a.m. in Courtroom No. 25; and, 3. No further filing is required by plaintiff. SO ORDERED. DATED: July 7, 2009.

2