Balthrope v. Sacramento County Department of Health and Human Services et al

Filing 32

ORDER signed by Magistrate Judge John F. Moulds on 9/29/11 ORDERING the hearing date of 10/6/11 is vacated. The hearing is continued to 11/10/2011 at 11:00 AM in Courtroom 26 (JFM) before Magistrate Judge John F. Moulds re 13 15 Motion to Dismiss. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARIEL BALTHROPE,

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Plaintiff,

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No. 2:10-cv-3003-JAM-JFM (PS)

vs.
SACRAMENTO COUNTY OF
HEALTH AND HUMAN SERVICES,
et al.,
Defendants.

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

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On July 14, 2011 and July 18, 2011, defendants filed a motion to dismiss pursuant to Fed. R.

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Civ. P. 12(b)(1) and 12(b)(6). No opposition to the motions to dismiss has been filed.

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Local Rule 230(c) provides that opposition to the granting of a motion must be

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filed fourteen days preceding the noticed hearing date. The Rule further provides that “[n]o

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party will be entitled to be heard in opposition to a motion at oral arguments if written opposition

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to the motion has not been timely filed by that party.” In addition, Local Rule 230(i) provides

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that failure to appear may be deemed withdrawal of opposition to the motion or may result in

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sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be
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grounds for imposition of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.”

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of October 6, 2011 is vacated. Hearing on defendants’

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motions to dismiss is continued to November 10, 2011 at 11:00 a.m. in courtroom no. 26.
2. Plaintiff shall file opposition, if any, to the motions to dismiss, no later than

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October 27, 2011. Failure to file opposition and appear at the hearing will be deemed as a

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statement of non-opposition and shall result in a recommendation that this action be dismissed

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pursuant to Federal Rule of Civil Procedure 41(b).

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DATED: September 29, 2011.

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/014;balt3003.nooppo

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