Anderson v. Red Rocks, LLC et al

Filing 17

ORDER AND ORDER TO SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 4/8/15 ORDERING that the hearing on Plaintiff's MOTIONS 14 and 16 , is CONTINUED to 5/20/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Bre nnan. All parties shall appear, personally or through counsel, at the 5/20/15 hearing. Defendant Marcy Lindgren shall sow cause, in writing, no later than 4/29/2015, why sanctions should not be imposed for failure to timely file an opposition or a st atement of non-opposition to the pending motions. Defendant Marcy Lindgren shall file an opposition to the Motions, or a statement of non-opposition thereto, no later than 4/29/2015. Failure of defendant to file an opposition to the Motions will be deemed a statement of non-opposition thereto, and may result in granting of Plaintiff's Motion. Plaintiff may file a reply to defendant's opposition, if any, on or before 5/13/2015.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD L. ANDERSON, an individual
of Big Pine Key, Florida,
Plaintiff,

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No. 2:14-mc-122-KJM-EFB

ORDER AND ORDER TO SHOW CAUSE
v.
RED ROCKS, LLC, a South Carolina
limited liability company; J. CHRIS
LINDGREN, an individual of Hilton Head
Island, South Carolina; and MARCY M.
LINDGREN, an individual of Hilton Head
Island, South Carolina,
Defendants.

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On March 18, 2015, plaintiff filed a motion for an order regarding rights to payment of

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money due or to become due to judgment debtor Marcy Lindgren, ECF No. 14, and a motion for

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an order determining claims of exemption by Marcy Lindgren, ECF No. 16. Plaintiff noticed the

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motions for hearing on April 15, 2015. ECF Nos. 14, 16.

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Court records reflect that Marcy Lindgren has not filed an opposition or a statement of

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non-opposition to the motions. Local Rule 230(c) provides that opposition to the granting of a

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motion, or a statement of non-opposition thereto, must be served upon the moving party, and filed

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with this court, no later than fourteen days preceding the noticed hearing date or, in this instance,

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by April 1, 2015. Local Rule 230(c) further provides that “[n]o party will be entitled to be heard
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in opposition to a motion at oral arguments if opposition to the motion has not been timely filed

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by that party.” Local Rule 110 provides that failure to comply with the Local Rules “may be

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grounds for imposition by the Court of any and all sanctions authorized by statute or Rule or

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within the inherent power of the Court.”

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Accordingly, good cause appearing, it is hereby ORDERED that:

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1. The hearing on plaintiff’s motions, ECF Nos. 14, 16, is continued to May 20, 2015 at

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10:00 a.m. in Courtroom No. 8. All parties shall appear, personally or through counsel, at the

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May 20, 2015 hearing.

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2. Defendant Marcy Lindgren shall show cause, in writing, no later than April 29, 2015,

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why sanctions should not be imposed for failure to timely file an opposition or a statement of

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non-opposition to the pending motions.

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3. Defendant Marcy Lindgren shall file an opposition to the motions, or a statement of
non-opposition thereto, no later than April 29, 2015.
4. Failure of defendant to file an opposition to the motions will be deemed a statement of
non-opposition thereto, and may result in granting of plaintiff’s motion.
5. Plaintiff may file a reply to defendant’s oppositon, if any, on or before May 13, 2015.
DATED: April 8, 2015.

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