(PS) Holland v. BP America Inc.

Filing 10

ORDER signed by Magistrate Judge Craig M. Kellison on 04/21/11 ORDERING that the 04/28/11 hearing on dft's #7 Motion to Dismiss is TAKEN OFF CALENDAR and the matter will be submitted on the record and briefs. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT HOLLAND,

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No. CIV S-11-0580-KJM-CMK

Plaintiff,
vs.

ORDER

BP AMERICA, INC.,
Defendant.
/
Plaintiff, who is proceeding pro se, brings this civil action. This action was

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removed to this court from the Siskiyou County Superior Court on March 2, 2011. Plaintiff filed

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an amended complaint on March 7, 2011 (Doc. 6). In response, defendant filed a motion to

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dismiss on March 17, 2011 (Doc. 7), which is currently set for hearing on April 28, 2011.

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Plaintiff has not filed an opposition to the motion.

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Pursuant to Eastern District of California Local Rules, any opposition “to the

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granting of the motion shall be in writing and shall be filed and served not less than fourteen (14)

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days preceding the noticed . . . hearing date.” See Local Rule 230(c). The local rules further

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provide that “[n]o party will be entitled to be heard in opposition to a motion at oral arguments if

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opposition to the motion has not been timely filed by that party.” Id.
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Accordingly, and pursuant to Local Rule 230(g), the hearing on defendant’s

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motion to dismiss, scheduled for April 28, 2011, at 10:00 a.m. before the undersigned in

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Redding, California, is hereby taken off calendar and the matter is submitted on the record and

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briefs.

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IT IS SO ORDERED.

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DATED: April 21, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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