Ally Financial Inc. v. Peters

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 8/30/16 ORDERING that The 9/8/16 hearing on Plaintiff's MOTION 19 is VACATED. No later than 9/15/16, Defendant shall file any opposition to Plaintiff's MOTION. Any reply brief shal l be due 9/29/2016. No later than 9/15/16, any appearing parties shall indicate whether or not they consent to the jurisdiction of a United States Magistrate Judge for all purposes, including the entry of final judgment, pursuant to 28 U.S.C. § 636(c).(Mena-Sanchez, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ALLY FINANCIAL INC.,

12

Plaintiff,

13
14

v.

No. 2:15-cv-1522-TLN-KJN

ORDER

MICHAEL G. PETERS

15
Defendant.

16
17

Presently pending before the court is plaintiff’s motion for default judgment, which was

18
19

filed on July 28, 2016, and noticed for hearing on September 8, 2016. (ECF No. 19.) Defendant

20

failed to oppose the motion in accordance with Local Rule 230(c). As such, the court vacates the

21

hearing on the motion. Nevertheless, out of abundance of caution, the court provides defendant

22

with one final opportunity to appear and oppose the motion.

23

Accordingly, IT IS HEREBY ORDERED that:

24

1. The September 8, 2016 hearing on plaintiff’s motion is vacated.

25

2. No later than September 15, 2016, defendant shall file any opposition to plaintiff’s
motion.

26

3. Any reply brief shall be due September 29, 2016.

27
28

////
1

1

4. Thereafter, the motion will be submitted for decision without oral argument on the

2

record and written briefing pursuant to Local Rule 230(g). If the court subsequently

3

determines that oral argument or supplemental briefing is necessary, the parties will be

4

notified.

5

5. No later than September 15, 2016, any appearing parties shall indicate whether or not

6

they consent to the jurisdiction of a United States Magistrate Judge for all purposes,

7

including the entry of final judgment, pursuant to 28 U.S.C. § 636(c). Importantly, the

8

parties have no obligation to so consent, but the consent/decline designation merely

9

assists the court in determining how plaintiff’s motion should be administratively

10
11
12

processed.
IT IS SO ORDERED.
Dated: August 30, 2016

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2