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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN HACKERT,

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No. 2:15-CV-1248 KJM CKD PS

Plaintiff,
v.

ORDER

CIGNA HEALTH AND LIFE
INSURANCE COMPANY,
Defendant.

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

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Calendared for hearing on September 14, 2016 is defendant’s motion for summary judgment. No

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opposition to the motion has been filed.

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

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

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be entitled to be heard in opposition to a motion at oral arguments if written opposition to the

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motion has not been timely filed by that party.” In addition, Local Rule 230(i) provides that

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failure to appear may be deemed withdrawal of opposition to the motion or may result in

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sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be

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

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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 September 14, 2016 is vacated. Hearing on defendant’s motion is

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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.

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Failure to file opposition will be deemed as a statement of non-opposition and shall result in

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submission of the motion on the papers and a recommendation that this action be dismissed

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pursuant to Federal Rule of Civil Procedure 41(b).

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3. Reply, if any, shall be filed no later than September 28, 2016.
Dated: September 2, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 hackert1248.nop

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