Frances v. Accessible Space, Inc. et al

Filing 27

ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 11/30/2017 ORDERING plaintiff shall file a response to this order within 30 days. Plaintiff may simultaneously file an Opposition to defendant's pending 26 Motion to Dismiss. The Clerk shall remove defendant's 26 Motion to Dismiss from the court's 12/7/2017 calendar. (Zignago, K.)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ANGELICA FRANCES, 11 12 13 No. 2:16-cv-1016-JAM-GGH Plaintiff, v. ORDER TO SHOW CAUSE ACCESSIBLE SPACE, INC., et al. 14 Defendants. 15 16 On October 18, 2017 defendant filed a motion to dismiss the complaint in this matter and 17 noticed it for hearing in courtroom 9 before the undersigned on December 7, 2017. Pursuant to 18 Eastern District of California Local Rule No. 230(c) plaintiff’s Opposition, or a Statement of 19 Non-Opposition to that motions is to be filed 14 days before the scheduled hearing date, so in this 20 case plaintiff was to file one of the other of the foregoing documents by November 23, 2017. The 21 court has received no filing from plaintiff. 22 Plaintiff shall show cause within fourteen (14) days of the date of this Order why she 23 failed to file timely in response to defendant’s motion to dismiss and why this court should not 24 treat the failure to do so as the equivalent of a Statement of Non-Opposition, and therefore why 25 the defendant’s motion should not be granted as unopposed, or why other sanctions should not be 26 imposed. Plaintiff may also file an Opposition to the motion simultaneously with her response to 27 this Order. If plaintiff desires this lawsuit to move forward, she must participate in the lawsuit 28 she filed. 1 1 In the meantime the defendant’s pending Motion shall be removed from the calendar and 2 the matter will be taken under submission for rescheduling if an Opposition is received or for 3 further action by the court if it is not. 4 In light of the foregoing IT IS HEREBY ORDERED that: 5 1. Plaintiff shall file a Response to this Order within 30 days of its issuance; 6 2. Plaintiff may simultaneously file an Opposition to defendant’s pending Motion to 7 8 9 10 11 Dismiss with the foregoing response; 3. The Clerk of the Court shall remove defendant’s Motion to Dismiss from the court’s December 7, 2017 calendar. Dated: November 30, 2017 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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