Smith v. Lowe's HIW, Inc.

Filing 36

ORDER signed by Magistrate Judge Allison Claire on 7/28/2014 ORDERING that the hearing date of 8/6/2014 is VACATED. Hearing on defendant's 35 motion to dismiss is CONTINUED to 9/10/2014 at 10:00 a.m. in Courtroom No. 26. Plaintiff shall file opposition, if any, to the motion to dismiss, no later than 8/27/2014. (Zignago, K.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRIEN EDWARD SMITH, 12 Plaintiff, 13 14 15 v. No. 2:13-cv-1713 WBS AC PS ORDER LOWE’S HIW, INC., Defendant. 16 17 This action was referred to the undersigned pursuant to Local Rule 302(c)(21). On June 18 16, 2014, defendant filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 19 12(b)(6). No opposition to the motion to dismiss has been filed. 20 Local Rule 230(c) provides that opposition to the granting of a motion must be filed 21 fourteen days preceding the noticed hearing date. The Rule further provides that “[n]o party will 22 be entitled to be heard in opposition to a motion at oral arguments if written opposition to the 23 motion has not been timely filed by that party.” In addition, Local Rule 230(j) provides that 24 failure to appear may be deemed withdrawal of opposition to the motion or may result in 25 sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be 26 grounds for imposition of any and all sanctions authorized by statute or Rule or within the 27 inherent power of the Court.” 28 Good cause appearing, IT IS HEREBY ORDERED that: 1 1 2 3 1. The hearing date of August 6, 2014 is vacated. Hearing on defendant’s motion to dismiss is continued to September 10, 2014 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 27, 4 2014. Failure to file opposition and appear at the hearing will be deemed as a statement of non- 5 opposition and shall result in a recommendation that this action be dismissed pursuant to Federal 6 Rule of Civil Procedure 41(b). 7 DATED: July 28, 2014 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?