Van den Heuvel v. Expedia Travel et al

Filing 39

ORDER signed by Magistrate Judge Allison Claire on 11/10/2016 ORDERING the Order to Show Cause 33 is DISCHARGED; the hearing on 36 Expedia's Motion to Dismiss the Second Amended Complaint is CONTINUTED to 12/14/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; Opposition or a Statement of Non-Opposition due by 11/30/2016; and Defendant shall file its Reply, if any, no later than 12/7/2016.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEAN MARC VAN DEN HEUVEL,

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Plaintiff,

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No. 2:16-cv-0567 JAM AC (PS)

v.

ORDER

EXPEDIA TRAVEL, et al.,

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Defendants.

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This lawsuit was removed from the Sacramento County Superior Court. See ECF No. 1.

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Plaintiff is proceeding in pro per, and the matter was accordingly referred to the magistrate judge

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by E.D. Cal. R. (“Local Rule”) 302(c)(21). The only remaining named defendant in this action is

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Expedia Travel.
On September 1, 2016, the court ordered plaintiff to show cause why this action should

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not be dismissed for lack of prosecution, based upon his failure to serve Expedia in a timely

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manner. ECF No. 33. Plaintiff responded to the OSC, and filed evidence of service on Expedia.

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See ECF Nos. 34, 35.
Expedia has now moved to dismiss. ECF No. 36. Although plaintiff has not filed a

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timely opposition, he has filed a change of address. ECF No. 37. Expedia has re-served the

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motion papers on the address for plaintiff currently on file with the court. ECF No. 38. Since

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plaintiff may not have received the original motion, the briefing and hearing schedule will be

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modified.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The OSC (ECF No. 33) is DISCHARGED.

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2. The hearing on Expedia’s Motion To Dismiss (ECF No. 36), is CONTINUED to

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December 14, 2016 at 10:00 a.m., before the undersigned. Plaintiff shall file and serve his

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Opposition, or a Statement of Non-Opposition, no later than November 30, 2016.

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Defendant shall file its Reply, if any, no later than December 7, 2016.

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DATED: November 10, 2016

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