Mills v. Bankers Life and Casualty Company

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/2/2014. The hearing on 5 Motion to Dismiss is CONTINUED to 1/14/2015 at 10:00 AM in Courtroom 24 (CKD). Plaintiff shall file Opposition, if any, to Motion no later than 12/29/2014. Defendant's Reply, if any, shall be filed no later than 1/5/2015. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAMBERT MILLS,

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No. 2:14-cv-2322 MCE CKD PS

Plaintiff,
v.

ORDER

BANKERS LIFE AND CASUALTY
COMPANY,
Defendant.

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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 December 10, 2014 is defendant’s 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 December 10, 2014 is vacated. Hearing on defendant’s motion is

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continued to January 14, 2015 at 10:00 a.m. in courtroom no. 24.
2. Plaintiff shall file opposition, if any, to the motion no later than December 29, 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 January 5, 2015.
Dated: December 2, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 mills.nop

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