Thermogenesis Corp. v. Origen Biomedical, Inc.

Filing 26

ORDER signed by Chief Judge Morrison C. England, Jr on 4/11/14 ORDERING that Defendant's MOTION to DISMISS 16 is GRANTED with leave to amend. Plaintiff may file an amended complaint not later than twenty (20) days after the date this Memorandum and Order is filed electronically. If no amended complaint is filed within said twenty (20)-day period, without further notice, Plaintiffs' claims will be dismissed without leave to amend. (Mena-Sanchez, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

THERMOGENESIS CORP.,

12
13
14
15

No. 2:13-CV-02619-MCE-DAD

Plaintiff,
v.

ORDER

ORIGEN BIOMEDICAL, INC.,
Defendant.

16
17

Presently before the Court is a motion by Defendant Origen Biomedical, Inc.

18

(“Defendant”) to dismiss the Complaint of Plaintiff Thermogenesis (“Plaintiff”) for failure

19

to state a claim upon which relief may be granted pursuant to Federal Rule of Civil

20

Procedure 12(b)(6). ECF No. 16. Plaintiff filed its Opposition to Defendant’s Motion over

21

a week late, on April 11, 2014.

22

Pursuant to Local Rule 78-230(c), opposition to a motion must be filed not less

23

than fourteen (14) days prior to the date of the hearing. The date of the hearing on

24

Defendant’s Motion was set for April 17, 2014. Fourteen (14) days prior to the hearing

25

was April 3, 2014. In explaining its failure to timely oppose the motion, Plaintiff states

26

only that “[b]ecause of OriGen’s filing of their amended notice and change of the hearing

27

date, the opposition was mis-docketed and is being filed today.” ECF No. 24 at 2. It is

28

unclear what Plaintiff means by “mis-docketed,” and this explanation fails to adequately
1

1

account for Plaintiff’s failure to comply with the local rules regarding the time for filing of

2

an opposition.

3

Because oral argument would not assist the Court, the matter is hereby submitted

4

on the briefs pursuant to Eastern District Local Rule 230(g), and the April 17, 2014,

5

hearing on this motion is hereby VACATED. In light of Plaintiff’s failure to file an

6

opposition, Defendant’s Motion to Dismiss, ECF No. 16, is GRANTED with leave to

7

amend.

8
9

Plaintiff may file an amended complaint not later than twenty (20) days after the
date this Memorandum and Order is filed electronically. If no amended complaint is filed

10

within said twenty (20)-day period, without further notice, Plaintiffs’ claims will be

11

dismissed without leave to amend.

12

IT IS SO ORDERED.

13

Dated: April 11, 2014

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2