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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LIUDMYLA IEGOROVA, 12 Plaintiff, 13 14 v. No. 2:14-cv-3014-MCE-KJN PS ORDER TARGET CORPORATION, 15 Defendant. 16 17 Presently pending before the court is defendant’s motion to dismiss, which is currently set 18 19 for hearing on May 7, 2015. (ECF No. 7.) Pursuant to Local Rule 230(c), plaintiff was required 20 to file an opposition or statement of non-opposition to the motion no later than fourteen (14) days 21 prior to the hearing date, i.e., by April 23, 2015. However, the court’s records indicate that 22 plaintiff failed to file an opposition or statement of non-opposition to the motion in accordance 23 with Local Rule 230(c). In light of plaintiff’s pro se status and the court’s desire to resolve defendant’s motion on 24 25 the merits, the court finds it appropriate to continue the hearing on the motion and provide 26 plaintiff with one additional opportunity to oppose the motion. 27 //// 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The May 7, 2015 hearing on defendant’s motion to dismiss is VACATED and 3 CONTINUED to June 18, 2015, at 10:00 a.m., in Courtroom No. 25 before the 4 undersigned. 5 2. Plaintiff shall file any opposition to the motion to dismiss no later than May 21, 2015. 6 In the alternative, if plaintiff no longer wishes to pursue the case at this time, she may 7 instead file a notice of voluntary dismissal of the action without prejudice no later than 8 May 21, 2015. 9 10 11 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 12 deadline will result in a recommendation that the action be dismissed with prejudice 13 pursuant to Federal Rule of Civil Procedure 41(b). 14 5. In light of the pending motion to dismiss, the May 28, 2015 status (pretrial scheduling) 15 conference is VACATED. The court will reset the date of that conference at a later 16 juncture, if appropriate. 17 18 IT IS SO ORDERED. Dated: April 24, 2015 19 20 21 22 23 24 25 26 27 28 2

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