Espino v. Wallgreens Pharmacy

Filing 56

ORDER signed by Magistrate Judge Allison Claire on 4/11/2016 CONTINUING the hearing on the 53 Motion to Dismiss the 27 Second Amended Complaint to 5/11/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; ORDERING the pl aintiff to file an opposition or statement of non-opposition to said motion by 4/20/2016 at 03:30 PM; CAUTIONING the plaintiff that a failure to file an opposition or appear at the hearing will be deemed a statement of non-opposition, and/or a failure to prosecute, and may result in a recommendation that this action be dismissed; ORDERING the defendant to file its reply, if any, by 5/4/2016 at 03:30 PM. (Michel, G.)

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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 CO., et al.,
Defendants.

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On March 15, 2016, defendant filed a motion to dismiss plaintiff’s Second Amended

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Complaint, noticing it to be heard on April 20, 2016. ECF No. 16. No opposition to the motion,

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

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file a timely response to a motion to dismiss. See ECF Nos. 9 (ordering plaintiff to respond to

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motion to dismiss the original complaint), 18 (ordering plaintiff to respond to motion to dismiss

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the first amended 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 or an order of the court “may be grounds for

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imposition of any and all sanctions authorized by statute or Rule or within the inherent power of

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the Court.”

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of April 20, 2016, is vacated. The hearing on defendant’s motion to

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dismiss (ECF No. 53), is CONTINUED to May 11, 2016, 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 April 20, 2016, at 3:30 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
3. Defendant shall file its reply, if any, no later than May 4, 2016, at 3:30 p.m.
DATED: April 11, 2016

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