Collier v. Vallejo Police Department et al

Filing 31

ORDER signed by Magistrate Judge Allison Claire on 7/15/13 ORDERING that the hearing on defendants' 29 motion to dismiss is CONTINUED to 9/4/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff shall fi le opposition, if any, to the motion to dismiss, no later than 8/21/2013. Failure to file opposition and appear at the hearing will be deemed as a statement of nonopposition and shall result in a recommendation that this action be dismissed. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONALD T. COLLIER,

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Plaintiff,

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No. 2:13-cv-0852 LKK AC PS

v.

ORDER

VALLEJO POLICE DEP’T, et al.,

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Defendants.

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

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10, 2013, defendants City of Vallejo and Vallejo Police Department filed a motion to dismiss
pursuant to Fed. R. Civ. P. 12(b)(3) and (b)(6). No opposition to the motion to dismiss has been
filed.
Local Rule 230(c) provides that opposition to the granting of a motion must be filed
fourteen days preceding the noticed hearing date. The Rule further provides that “[n]o party will
be entitled to be heard in opposition to a motion at oral arguments if written opposition to the
motion has not been timely filed by that party.” In addition, Local Rule 230(j) provides that
failure to appear may be deemed withdrawal of opposition to the motion or may result in
sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be
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 July 24, 2013 is vacated. Hearing on defendants’ motion to

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dismiss is continued to September 4, 2013 at 10:00 a.m. in courtroom no. 26.
2. Plaintiff shall file opposition, if any, to the motion to dismiss, no later than August 21,

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2013. Failure to file opposition and appear at the hearing will be deemed as a statement of non-

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opposition and shall result in a recommendation that this action be dismissed pursuant to Federal

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Rule of Civil Procedure 41(b).

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DATED: July 15, 2013

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___________________________________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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/mb;coll0852.nooppo

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