Parlante v. Cazares et al

Filing 31

ORDER signed by Magistrate Judge Gregory G. Hollows on 06/01/12 ORDERING that the 06/07/12 and 06/14/12 hearings on the 27 , 28 Motions to Dismiss are VACATED. These motions are SUBMITTED on the record without oral argument. The 06/28/12 Status Conference is CONTINUED to 08/16/12 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows with a joint status reoprt due 08/09/12. Discovery shall remain stayed until the status conference has been conducted. (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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MARIE PARLANTE,

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Plaintiff,

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No. 2:11-cv-2696 MCE GGH PS

vs.
SAVANNA CAZARES, et al.,

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Defendants.

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ORDER
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This action, originally filed on October 13, 2011, was referred to the undersigned

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by E.D. Cal. L.R. 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). Plaintiff has paid the filing fee

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and is proceeding pro se with her first amended complaint.

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On May 9, 2012, defendant Ravandi filed a motion to dismiss the first amended

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complaint, noticed for hearing on June 7, 2012. (Dkt. No. 27.) On May 11, 2012, defendants

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Cazares and Wright also filed a motion to dismiss the first amended complaint, noticed for

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hearing on June 14, 2012. (Dkt. No. 28.) Pursuant to E.D. Cal. L.R. 230(c), plaintiff was

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required to file an opposition or a statement of non-opposition to the motions not less than

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fourteen (14) days preceding the hearing date, i.e. by May 24, 2012 and May 31, 2012

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respectively. Plaintiff failed to file oppositions to these motions.

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Although the court liberally construes the pleadings of pro se litigants, they are

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required to adhere to the rules of court. Failure to obey local rules may not only result in

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dismissal of the action, but “no party will be entitled to be heard in opposition to a motion at oral

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arguments if opposition has not been timely filed by that party.” E. D. Cal. L.R. 230(c). More

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broadly, failure to comply with the Local Rules “may be grounds for imposition . . . of any and

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all sanctions authorized by statute or Rule or within the inherent power of the Court.” E.D. Cal.

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L.R. 110; see also E.D. Cal. L.R. 183 (requiring compliance with the Local and Federal Rules by

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pro se litigants).

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Having reviewed the record, the court has determined that oral argument would

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not be of material assistance in determining the pending motions. Therefore, the court will not

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entertain oral argument, and will determine the motions on the record, including the briefing in

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support of the pending motions. See E.D. Cal. L.R. 230(g).

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Finally, the court notes that a status conference in this matter is currently set for

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June 28, 2012. On the court’s own motion, to allow for resolution of the pending motions to

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dismiss prior to any status conference, the June 28, 2012 status conference will be vacated and

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re-set for August 16, 2012 at 10:00 a.m. in Courtroom No. 9 before the undersigned. The parties

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shall submit a joint status report no later than seven (7) days prior to the status conference, i.e. on

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August 9, 2012. The status report shall indicate whether the parties consent to referral to the

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court’s Voluntary Dispute Resolution Program (“VDRP”). Discovery will remain stayed until

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the status conference has been conducted.

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Accordingly, for the reasons outlined above, IT IS HEREBY ORDERED that:

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1. The hearings on defendant Ravandi’s motion to dismiss (dkt. no. 27) and

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defendants Cazares and Wright’s motion to dismiss (dkt. no. 28) are VACATED. These motions

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are SUBMITTED on the record without oral argument.

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2. The June 28, 2012 status conference is VACATED and RE-SET for August

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16, 2012 at 10:00 a.m. in Courtroom No. 9 before the undersigned. The parties shall submit a
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joint status report no later than seven (7) days prior to the status conference, i.e. on August 9,

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2012. The status report shall indicate whether the parties consent to referral to the court’s

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Voluntary Dispute Resolution Program (“VDRP”).

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3. Discovery shall remain stayed until the status conference has been conducted.
DATED: June 1, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH/wvr

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Parlante.2696.mtd2.vac.wpd

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