Knapp v. JP Morgan Chase Bank, N.A. et al

Filing 39

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/9/2011 FINDINGS AND RECOMMENDATIONS 36 are VACATEDl; pltf shall file and serve an opposition to dfts' motion to dismiss on or before 9/23/2011; Once the opposition has been filed, the motion will be taken under submission without a hearing; the Clerk of the Court shall serve pltf with dfts' motion # 29 , along with this order. (Attachments: # 1 Defendants Motion to Dismiss)(Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FLOYD KNAPP,

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Plaintiff,

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CIV. NO. S-10-2889 KJM GGH PS

vs.
JP MORGAN CHASE BANK, N.A., et al.,

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ORDER
Defendants.

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This action was referred to the undersigned pursuant to Local Rule 302(c)(21). On

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August 4, 2011, this court issued findings and recommendations, recommending that this action

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be dismissed for plaintiff’s failure to oppose defendants’ motion to dismiss. On August 11,

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2011, plaintiff filed objections, which state that he did not receive a court order regarding the

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July 21, 2011 hearing until days after the hearing. He claims he also did not receive the motion

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to dismiss and was unaware of the hearing or the motion. Although the excuses for non-

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performance by plaintiff in this action are beginning to wear thin at this point, plaintiff will be

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given the opportunity to oppose the motion. However, he will not be granted any further

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extensions.

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Accordingly, IT IS ORDERED that:

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1. The findings and recommendations issued August 4, 2011, (dkt. no. 36), are

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vacated.
2. Plaintiff shall file and serve an opposition to defendants’ motion to dismiss on

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or before September 23, 2011. No extensions will be granted. Once the opposition has been

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filed, the motion will be taken under submission without a hearing.

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3. The Clerk of the Court shall serve plaintiff with defendants’ motion filed June

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17, 2011, (dkt. no. 29), along with this order.

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DATED: September 9, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Knapp2889.opp.wpd

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