Randall et al v. Davis Joint Unified School District et al

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 1/7/2013 ORDERING 10 the hearing date of 1/16/2013 is VACATED 12 ; hearing on defendants' motion to dismiss is CONTINUED to 2/20/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; plaintiffs shall file opposition, if any, to the motion to dismiss no later than 2/6/2013.(Reader, 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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THOMAS RANDALL, JR., et al.,
Plaintiffs,

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No. CIV 2:12-cv-2689 KJM AC PS

vs.
DAVIS JOINT UNIFIED SCHOOL
DISTRICT, 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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On November 26, 2012, defendants filed a motion to dismiss pursuant to Fed. R. Civ. P.

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12(b)(1), (6) and 12(f). No opposition to the motion 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

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

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

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that 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 January 16, 2013 is vacated. Hearing on defendants’

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motion to dismiss is continued to February 20, 2013 at 10:00 a.m. in courtroom no. 26.

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2. Plaintiffs shall file opposition, if any, to the motion to dismiss, no later than

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February 6, 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 7, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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/mb;rand2689.nooppo

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