Soares v. County of Yuba et al

Filing 6

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/31/2014 CONTINUING the Motion Hearing on 4 Motion to Dismiss to 3/19/2014 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney; ORDERING the plaintiff to file an opposition to 4 Motion to Dismiss by 2/26/2014; ORDERING the defendant to file a reply, if any, by 3/5/2014. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID SOARES,

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Plaintiff,

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No. 2:13-cv-2523 KJM CKD PS

v.

ORDER

COUNTY OF YUBA, 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).

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Calendared for hearing on February 12, 2014 is defendants’ motion to dismiss. No opposition to

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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 appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of February 12, 2014 is vacated. Hearing on defendants’ motion is

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continued to March 19, 2014 at 10:00 a.m. in courtroom no. 24.
2. Plaintiff shall file opposition, if any, to the motion no later than February 26, 2014.

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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 March 5, 2014.
Dated: January 31, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 soares.nop.con

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