Smith v. United States of America et al

Filing 11

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/10/2014 ORDERING the hearing of 1/22/2014 is VACATED; Motion to Dismiss 8 HEARING Reset for 2/26/2014 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney; plaintiff shall file opposition, if any, to the motion by 2/5/2014; reply, if any, by 2/12/2014.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH SMITH,

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Plaintiff,

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No. 2:13-cv-2235 MCE CKD PS

v.

ORDER

UNITED STATES OF AMERICA,

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Defendant.

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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 January 22, 2014 is defendant’s motion to dismiss for lack of

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jurisdiction. No opposition to the motion 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(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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/////
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Good cause appear
c
ring, IT IS HEREBY OR
H
RDERED th
hat:

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1. The hearing dat of January 22, 2014 is vacated. H
e
te
y
s
Hearing on de
efendant’s m
motion is

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co
ontinued to February 26, 2014 at 10:0 a.m. in co
F
00
ourtroom no 24.
o.

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2. Plai
intiff shall fi oppositio if any, to the motion n later than February 5 2014.
ile
on,
no
n
5,

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Fa
ailure to file opposition will be deem as a state
w
med
ement of non
n-opposition and shall re
n
esult in

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su
ubmission of the motion on the paper and a reco
f
rs
ommendation that this ac
n
ction be dism
missed

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pu
ursuant to Fe
ederal Rule of Civil Proc
o
cedure 41(b) .

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3. Rep if any, sh be filed no later than February 1 2014.
ply,
hall
n
12,
Da
ated: Januar 10, 2014
ry

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4 sm
mith-usa2235.nop

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