Smith v. Lowe's HIW, Inc.

Filing 23

ORDER signed by Magistrate Judge Allison Claire on 3/7/14 ORDERING that the hearing date of 3/12/14 is VACATED; Hearing on Defendant's 19 MOTION to STRIKE and 18 MOTION to DISMISS is CONTINUED to 4/9/2014 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff shall file opposition, if any, to the Motion to Dismiss and Motion to Strike, no later than 3/26/2014.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIEN EDWARD SMITH,

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Plaintiff,

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v.

No. 2:13-cv-1713 WBS AC PS

ORDER

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LOWE’S HIW, INC., 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

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January 30, 2014, defendant filed a motion to dismiss and motion to strike pursuant to Federal

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Rule of Civil Procedure 12(b)(6). 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 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 March 12, 2014 is vacated. Hearing on defendant’s motion to

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dismiss and motion to strike is continued to April 9, 2014 at 10:00 a.m. in Courtroom No. 26.

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2. Plaintiff shall file opposition, if any, to the motion to dismiss and motion to strike, no

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later than March 26, 2014. Failure to file opposition and appear at the hearing will be deemed as

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a 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: March 7, 2014

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