Hale et al v. World Savings Bank et al

Filing 12

ORDER signed by Magistrate Judge John F. Moulds on 8/20/2012 CONTINUING the Motion Hearing as to 6 Motion to Dismiss to 9/27/2012 at 11:00 AM in Courtroom 26 (JFM) before Magistrate Judge John F. Moulds; ORDERING Plaintiff to file an Opposition to 6 Motion to Dismiss, 7 Motion to Strike by 8/30/2012. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT H. HALE, et al.,

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Plaintiffs,
vs.
WORLD SAVINGS BANK, et al.,
Defendants.

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No. CIV 2:12-cv-1462-GEB-JFM (PS)

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

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On June 25, 2012, defendant Golden West Savings Association Service Company filed a motion

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to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and a motion to strike. No opposition to the

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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 party

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

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

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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 August 23, 2012 is vacated. Hearing on defendant’s

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motion to dismiss is continued to September 27, 2012 at 11:00 a.m. in courtroom no. 26.
2. Plaintiff shall file opposition, if any, to the motion to dismiss and motion to

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strike, no later than August 30, 2012. Failure to file opposition and appear at the hearing will be

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

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

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DATED: August 20, 2012.

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/014;hale1462.nooppo

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