Espino v. Wallgreens Pharmacy

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 7/22/15 ORDERING that the 7/29/15 hearing as to the 16 Motion to Dismiss is VACATED and reset for 8/19/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. Plaintiff's opposition due no later than 8/5/15 and Defendant's reply due no later than 8/12/15. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS ESPINO,

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No. 2:15-cv-00423 MCE AC (PS)

Plaintiff,
v.

ORDER

WALLGREENS PHARMACY,
Defendant.

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On June 25, 2015, defendant filed a motion to dismiss plaintiff’s First Amended

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Complaint, noticing it to be heard on July 29, 2015. ECF No. 16. No opposition to the motion,

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and no statement of non-opposition, has been filed. This is the second time plaintiff has failed to

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file a timely response to a motion to dismiss. See ECF No. 9 (ordering plaintiff to respond to

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motion to dismiss the original complaint).

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The Local Rules of this court provide that opposition to the granting of a motion must be

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filed fourteen (14) days preceding the noticed hearing date. E.D. Cal. R. (“Local Rule”) 230(c).

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The Local Rules further provide that “[n]o party will be entitled to be heard in opposition to a

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motion at oral arguments if written opposition to the motion has not been timely filed by that

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party.” Id. In addition, Local Rule 230(i) provides that failure to appear may be deemed

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withdrawal of opposition to the motion or may result in sanctions. Finally, Local Rule 110

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provides that failure to comply with the Local Rules “may be grounds for imposition of any and
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all sanctions authorized by statute or Rule or within the inherent power of the Court.”

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of July 29, 2015, is vacated. The hearing on defendant’s motion to

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dismiss (ECF No. 16) is CONTINUED to August 19, 2015, at 10:00 a.m.;
2. Plaintiff shall file his opposition to the motion, or a statement of non-opposition, no

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later than August 5, 2015, at 4:30 p.m. Failure to file an opposition or appear at the hearing will

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be deemed to be a statement of non-opposition, and/or a failure to prosecute, and may result in a

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recommendation that this action be dismissed; and

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3. Defendant shall file its reply, if any, no later than August 12, 2015, at 4:30 p.m.
DATED: July 22, 2015

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