Shaughnessy v. Brady et al

Filing 5

ORDER signed by Magistrate Judge Kimberly J. Mueller on 8/25/10 ORDERING the hearing on dfts' motion set for 9/2/10 is VACATED and is RE-SET for 10:00 AM on 10/6/2010 in Courtroom 26 (KJM) before Magistrate Judge Kimberly J. Mueller. Pltf may file an opposition to the motion no later than 9/22/10.(Carlos, K)

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. BETH BRADY, et al., Defendants. / This action was referred to the undersigned pursuant to Local Rule 72-302(c)(21). Defendants' motion to dismiss is calendared for hearing on September 1, 2010. No opposition to the motion has been filed. Local Rule 78-230(c) provides that opposition to the granting of a motion must be filed fourteen days preceding the noticed hearing date. The Rule further provides that "[n]o party will be entitled to be heard in opposition to a motion at oral arguments if written opposition to the motion has not been timely filed by that party." In addition, Local Rule 78-230(i) provides that failure to appear may be deemed withdrawal of opposition to the motion or may result in sanctions. Finally, Local Rule 11-110 provides that failure to comply with the Local Rules "may be grounds for imposition of any and all sanctions authorized by statute or Rule or within the inherent power of the Court." 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ROSANNE SHAUGHNESSY, Plaintiff, No. CIV S-10-1534 FCD KJM PS

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006 shaughnessy.nop

Good cause appearing, IT IS HEREBY ORDERED that: 1. The hearing date of September 2, 1010 is vacated. Hearing on defendants' motion is continued to October 6, 2010 at 10:00 a.m. in courtroom no. 26. 2. Plaintiff shall file opposition, if any, to the motion no later than September 22, 2010. Failure to file opposition and appear at the hearing will be deemed as a statement of nonopposition and shall result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). DATED: August 25, 2010.

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