McKinnon v. Twin Rivers Unified School District, et al.

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/24/14 ORDERING that the hearing date of October 1, 2014 is vacated. Hearing on defendants' 15 motion is continued to October 22, 2014 at 10:00 a.m. in courtroom no. 24; Plaintiff shall file opposition, if any, to the motion no later than October 1, 2014. Failure to file opposition will be deemed as a statement of non-opposition and shall result in submission of the motion on the papers and a recommendation that this action be dismissed pursuant to Federal Rule of Civil Procedure 41(b); Reply, if any, shall be filed no later than October 8, 2014. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DYSHAY McKINNON,

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No. 2:14-cv-0450 JAM CKD PS

Plaintiff,
v.

ORDER

TWIN RIVERS UNIFIED SCHOOL
DISTRICT, et al.,
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 October 1, 2014 is defendants’ motion to dismiss. No opposition to

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the motion has been filed.

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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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Good cause appearing, IT IS HEREBY ORDERED that:

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

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continued to October 22, 2014 at 10:00 a.m. in courtroom no. 24.

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2. Plaintiff shall file opposition, if any, to the motion no later than October 1, 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 October 8, 2014.
Dated: September 24, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 mckinnon2.nop

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