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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?