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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAMBERT MILLS, 12 13 14 15 16 No. 2:14-cv-2322 MCE CKD PS Plaintiff, v. ORDER BANKERS LIFE AND CASUALTY COMPANY, Defendant. 17 18 This action was referred to the undersigned pursuant to Local Rule 302(c)(21). 19 Calendared for hearing on December 10, 2014 is defendant’s motion to dismiss. No opposition to 20 the motion has been filed. 21 Local Rule 230(c) provides that opposition to the granting of a motion must be filed 22 fourteen days preceding the noticed hearing date. The Rule further provides that “[n]o party will 23 be entitled to be heard in opposition to a motion at oral arguments if written opposition to the 24 motion has not been timely filed by that party.” In addition, Local Rule 230(i) provides that 25 failure to appear may be deemed withdrawal of opposition to the motion or may result in 26 sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be 27 grounds for imposition of any and all sanctions authorized by statute or Rule or within the 28 inherent power of the Court.” 1 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. The hearing date of December 10, 2014 is vacated. Hearing on defendant’s motion is 3 4 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. 5 Failure to file opposition will be deemed as a statement of non-opposition and shall result in 6 submission of the motion on the papers and a recommendation that this action be dismissed 7 pursuant to Federal Rule of Civil Procedure 41(b). 8 9 3. Reply, if any, shall be filed no later than January 5, 2015. Dated: December 2, 2014 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 13 4 mills.nop 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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