Barker v. Yassine

Filing 82

ORDER signed by Magistrate Judge Allison Claire on 2/5/13 ORDERING that Defendants reply, if any, remains due within 7 days after the filing date of this order; and the hearing on defendants motion to dismiss, currently scheduled for February 13, 2013, is rescheduled to March 27, 2013 at 10:00 a.m. in Courtroom 26.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM BARKER,
Plaintiff,

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No. 2:11-cv-0246 LKK AC P

Defendant.

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ORDER

vs.
R. YASSINE,

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On November 14, 2012, defendant filed both an answer to plaintiff’s amended

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complaint, and a motion to dismiss certain claims raised in the amended complaint. See ECF

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Nos. 74, 75. Defendant noticed the motion to dismiss for hearing before the court on January 17,

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2013; however, due to the reassignment of this matter, the court subsequently rescheduled the

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hearing for February 13, 2013. ECF Nos. 77, 79.

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Pursuant to Local Rule 230(c), any opposition or notice of non-opposition to the

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motion to dismiss would have been due not less than fourteen (14) days preceding the continued

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hearing date, or January 30, 2013. Defendant’s reply is in turn due seven (7) days after service

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of the opposition. Id.

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On February 4, 2013, plaintiff filed an opposition to the motion to dismiss. ECF
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No. 80, 81. Plaintiff is reminded that Local Rule 230 provides that no party shall be entitled to

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be heard in opposition to a motion at oral argument if opposition to the motion has not been

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timely filed by that party. See L.R. 230(c).

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In the interests of giving defendant an opportunity to file a reply before the

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scheduled hearing, the court will sua sponte reschedule the February 13, 2013 hearing.

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Defendant’s reply, if any, shall be filed within seven (7) days of the filing date of this order.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant’s reply, if any, remains due within seven (7) days after the filing

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date of this order; and
2. The hearing on defendant’s motion to dismiss, currently scheduled for

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February 13, 2013, is rescheduled to March 27, 2013 at 10:00 a.m. in Courtroom 26.

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DATED: February 5, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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AC:rb/bark0246.ord(2)

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