Wallace et al v. Buckingham Property Mgt., et al

Filing 23

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/12/16 ORDERING that the hearing date of 8/24/16 is VACATED. Hearing on Defendants' MOTIONS 17 and 16 is CONTINUED to 9/21/2016 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Plaintiff shall file opposition, to the MOTIONS no later than 8/31/16. Reply, shall be filed no later than 9/7/16.(Mena-Sanchez, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CLEVELAND WALLACE, et al.,

12
13
14
15
16

No. 2:16-cv-1000 TLN CKD PS

Plaintiffs,
v.

ORDER

BUCKINGHAM PROPERTY
MANAGEMENT, et al.,
Defendants.

17
18

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

19

Calendared for hearing on August 24, 2016 are defendants’ motions to dismiss. No opposition to

20

the motions 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 August 24, 2016 is vacated. Hearing on defendants’ motions (ECF

3

Nos. 16, 17) is continued to September 21, 2016 at 10:00 a.m. in courtroom no. 24.

4

2. Plaintiff shall file opposition, if any, to the motions no later than August 31, 2016.

5

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

6

submission of the motions on the papers and a recommendation that this action against the

7

moving defendants be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

8
9

3. Reply, if any, shall be filed no later than September 7, 2016.
Dated: August 12, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

10
11
12

4 wallace1000.nop

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