Whitsitt v. Amazon.Com et al

Filing 40

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/28/2017 CONTINUING the Motion Hearing on 33 Motion to Dismiss to 6/7/2017 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney; ORDERING the plaintiff to file an oppos ition to said motion by 5/17/2017; CAUTIONING the plaintiff that a failure to file an opposition will be deemed a statement of non-opposition and will result in submission of the motion on the papers and a recommendation that this action be dismissed pursuant to F.R.Cv.P. Rule 41(b); ORDERING that any reply be filed by 5/24/2017. (Michel, G.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM WHITSITT, 12 No. 2:14-0416 TLN CKD PS Plaintiff, 13 v. 14 AMAZON.COM, 15 ORDER Defendant. 16 17 This action was referred to the undersigned pursuant to Local Rule 302(c)(21). 18 Calendared for hearing on May 10, 2017 defendant’s motion to dismiss. No opposition to the 19 motion has been filed. Local Rule 230(c) provides that opposition to the granting of a motion must be filed 20 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(i) 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 ///// 1 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. The hearing date of May 10, 2017 is vacated. Hearing on defendant’s motion is 3 4 continued to June 7, 2017 at 10:00 a.m. in courtroom no. 24. 2. Plaintiff shall file opposition, if any, to the motion no later than May 17, 2017. Failure 5 to file opposition will be deemed as a statement of non-opposition and shall result in submission 6 of the motion on the papers and a recommendation that this action be dismissed pursuant to 7 Federal Rule of Civil Procedure 41(b). 8 9 3. Reply, if any, shall be filed no later than May 24, 2017. Dated: April 28, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 4 whitsitt0416.nop 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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