Parkview Edge Properties, LLC v. Dickson

Filing 9

ORDER signed by Magistrate Judge Allison Claire on 2/6/2015 CONTINUING the Motion Hearing on 8 Amended Motion to Remand to 3/4/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; ORDERING the plaintiff to file an oppositio n to the 8 Amended Motion to Remand by 2/18/2015; CAUTIONING the plaintiff that a failure to file an opposition and appear at the hearing will be deemed as a statement of non-opposition and shall result in a recommendation that this action be remanded. (Michel, G.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

PARKVIEW EDGE PROPERTIES, LLC,

12
13
14
15

No. 2:15-cv-00003-JAM-AC

Plaintiff,
v.

ORDER

RICHARD JOHN DICKSON,
Defendant.

16
17

This action was referred to the undersigned pursuant to Local Rule 302(c)(21). On

18

January 19, 2015, plaintiff filed a motion to remand. ECF No. 5. That motion was superseded by

19

an amended motion to remand properly noticed before the undersigned on January 20, 2015.

20

ECF No. 8. No opposition to the motion to remand has been filed.

21

Local Rule 230(c) provides that opposition to the granting of a motion must be filed

22

fourteen (14) days preceding the noticed hearing date. The Rule further provides that “[n]o party

23

will 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(j) 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 February 18, 2015, is vacated. Hearing on defendant’s amended

3

motion to remand, ECF No. 8, is continued to March 4, 2015, at 10:00 a.m. in Courtroom No. 26.

4

2. Plaintiff shall file opposition, if any, to the amended motion to remand no later than

5

February 18, 2015. Failure to file an opposition and appear at the hearing will be deemed as a

6

statement of non-opposition and shall result in a recommendation that this action be remanded.

7

DATED: February 6, 2015

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2