Clay v. Pacific Bell Telephone Company, et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/8/2013 ORDERING that the hearing date of 8/14/2013 is VACATED. Hearing on defendant's 11 motion is continued to 9/25/2013 at 10:00 a.m. in courtroom no. 24. Plaintiff shall file opposition, if any, to the motion no later than 9/4/2013. Reply, if any, shall be filed no later than 9/11/2013. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JEROME CLAY, JR.,
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No. 2:13-cv-1028 GEB CKD PS
Plaintiff,
v.
ORDER
PACIFIC BELL TELEPHONE
COMPANY, INC., et al.,
Defendants.
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This action was referred to the undersigned pursuant to Local Rule 302(c)(21).
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Calendared for hearing on August 14, 2013 is defendant’s motion to dismiss. No opposition to
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the motion 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(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 14, 2013 is vacated. Hearing on defendant’s motion is
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continued to September 25, 2013 at 10:00 a.m. in courtroom no. 24.
2. Plaintiff shall file opposition, if any, to the motion no later than September 4, 2013.
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Failure to file opposition will be deemed as a statement of non-opposition and shall result in
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submission of the motion on the papers and a recommendation that this action be dismissed
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pursuant to Federal Rule of Civil Procedure 41(b).
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3. Reply, if any, shall be filed no later than September 11, 2013.
Dated: August 8, 2013
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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4 clay1028.nop.con
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