Anderson v. USDA et al.

Filing 53

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/22/16 ORDERING that the hearing date of 8/31/2016 2016 is VACATED. Hearing on defendants' 50 motion for evidentiary sanctions is CONTINUED to 9/28/2016 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Plaintiff shall file opposition, if any, to the motion no later than 9/7/2016. Reply, if any, shall be filed no later than 9/14/2016. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EZELL ANDERSON, JR.,

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Plaintiff,

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v.

No. 2:14-cv-2307 JAM CKD PS

ORDER

USDA, 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 August 31, 2016 is defendants’ motion for evidentiary sanctions. No

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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 appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of August 31, 2016 is vacated. Hearing on defendants’ motion is

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continued to September 28, 2016 at 10:00 a.m. in courtroom no. 24.
2. Plaintiff shall file opposition, if any, to the motion no later than September 7, 2016.

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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 the relief requested in the motion will be granted.

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3. Reply, if any, shall be filed no later than September 14, 2016.
Dated: August 22, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 anderson2307.nop

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