Smith v. Shariat et al

Filing 8

ORDER signed by Magistrate Judge Allison Claire on 2/7/2014 ORDERING that the hearing date of 2/19/2014 is VACATED. Hearing on defendant's 6 motion to dismiss is CONTINUED to 4/2/2014 at 10:00 a.m. in Courtroom No. 26. Plaintiff shall file opposition, if any, to the motion to dismiss, no later than 3/19/2014. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WAYNE D. SMITH,

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Plaintiff,

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No. 2:13-cv-1830 TLN AC PS

v.

ORDER

AZIZ SHARIAT, 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 17, 2014, defendant Aziz Shariat filed a motion to dismiss pursuant to Federal Rule of

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Civil Procedure 12(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

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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 February 19, 2014 is vacated. Hearing on defendant’s motion to

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dismiss is continued to April 2, 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, no later than March 19,

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2014. 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: February 7, 2014

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