Iegorova v. Target Corporation

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 4/24/2015 ORDERING 7 MOTION to DISMISS Hearing Reset for 6/18/2015 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman; Plaintiffs Opposition due by 5/21/2015; Defendans reply due by 6/4/2015; in light of the pending motion to dismiss, the Status Pretrial Scheduling Conference set for 5/28/2015 is VACATED. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LIUDMYLA IEGOROVA,

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Plaintiff,

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v.

No. 2:14-cv-3014-MCE-KJN PS

ORDER

TARGET CORPORATION,

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Defendant.

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Presently pending before the court is defendant’s motion to dismiss, which is currently set

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for hearing on May 7, 2015. (ECF No. 7.) Pursuant to Local Rule 230(c), plaintiff was required

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to file an opposition or statement of non-opposition to the motion no later than fourteen (14) days

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prior to the hearing date, i.e., by April 23, 2015. However, the court’s records indicate that

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plaintiff failed to file an opposition or statement of non-opposition to the motion in accordance

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with Local Rule 230(c).
In light of plaintiff’s pro se status and the court’s desire to resolve defendant’s motion on

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the merits, the court finds it appropriate to continue the hearing on the motion and provide

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plaintiff with one additional opportunity to oppose the motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The May 7, 2015 hearing on defendant’s motion to dismiss is VACATED and

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CONTINUED to June 18, 2015, at 10:00 a.m., in Courtroom No. 25 before the

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undersigned.

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2. Plaintiff shall file any opposition to the motion to dismiss no later than May 21, 2015.

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In the alternative, if plaintiff no longer wishes to pursue the case at this time, she may

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instead file a notice of voluntary dismissal of the action without prejudice no later than

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May 21, 2015.

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3. Defendant shall file any reply to plaintiff’s opposition, if any, no later than June 4,
2015.
4. Failure to file either an opposition or a request for voluntary dismissal by the required

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deadline will result in a recommendation that the action be dismissed with prejudice

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pursuant to Federal Rule of Civil Procedure 41(b).

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5. In light of the pending motion to dismiss, the May 28, 2015 status (pretrial scheduling)

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conference is VACATED. The court will reset the date of that conference at a later

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juncture, if appropriate.

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IT IS SO ORDERED.
Dated: April 24, 2015

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