Hackert v. Cigna Health and Life Insurance Company et al

Filing 38

ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/02/16 ORDERING that the hearing on the 23 Motion for Summary Judgment is CONTINUED to 10/12/2016 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Plaintiff shall file opposition, if any, to the motion by 09/21/16; any reply is due by 09/28/16. (Benson, A)

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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 JOHN HACKERT, 12 13 14 15 16 No. 2:15-CV-1248 KJM CKD PS Plaintiff, v. ORDER CIGNA HEALTH AND LIFE INSURANCE COMPANY, Defendant. 17 18 This action was referred to the undersigned pursuant to Local Rule 302(c)(21). 19 Calendared for hearing on September 14, 2016 is defendant’s motion for summary judgment. No 20 opposition to the motion has been filed. 21 Local Rule 230(c) provides that opposition to the granting of a motion must be filed 22 fourteen days preceding the noticed hearing date. The Rule further provides that “[n]o party will 23 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(i) 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 September 14, 2016 is vacated. Hearing on defendant’s motion is 3 4 continued to October 12, 2016 at 10:00 a.m. in courtroom no. 24. 2. Plaintiff shall file opposition, if any, to the motion no later than September 21, 2016. 5 Failure to file opposition will be deemed as a statement of non-opposition and shall result in 6 submission of the motion on the papers and a recommendation that this action be dismissed 7 pursuant to Federal Rule of Civil Procedure 41(b). 8 9 3. Reply, if any, shall be filed no later than September 28, 2016. Dated: September 2, 2016 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 10 11 12 4 hackert1248.nop 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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