Vasquez et al v. OneWest Bank, et al

Filing 22

ORDER signed by Magistrate Judge Allison Claire on 1/25/13 ORDERING that the hearing date of 2/6/13 is VACATED. Hearing on Defendants' MOTIONS 12 , 11 is CONTINUED to 3/6/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff shall file opposition, to the motions to dismiss, no later than 2/20/13. Failure to file opposition and appear at the hearing will be deemed as a statement of non-opposition and shall result in a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE VASQUEZ, et al.,

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Plaintiffs,

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No. CIV 2:12-cv-2438 GEB AC PS

vs.

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ONEWEST BANK, et al.,

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Defendants.

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

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Presently pending before the court are four motions to dismiss and/or motions to strike filed by

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the defendants. See ECF Nos. 6-7, 11-12. No opposition to the motions has been filed.

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

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

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

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motion has not been timely filed by that party.” In addition, Local Rule 230(j) 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 February 6, 2013 is vacated. Hearing on defendants’

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motions is continued to March 6, 2013 at 10:00 a.m. in courtroom no. 26.

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2. Plaintiff shall file opposition, if any, to the motions to dismiss, no later than

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February 20, 2013. 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: January 25, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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/mb;vasq2438.nooppo

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