Meyers v. County of Sacramento et al

Filing 49

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/12/2019 ORDDERING 42 Motion for Summary Judgment Hearing is Reset for 1/22/2020 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. Plaintiff shall file an opposition, if any, due by 1/8/2020, and Reply, if any, due by 1/15/2020.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GLEN MEYERS,

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Plaintiff,

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No. 2:16-cv-01121-MCE-CKD PS

v.

ORDER

COUNTY OF SACRAMENTO, et al.,

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Defendants.

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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 December 18, 2019 is defendants’ motion for summary judgment. No

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opposition to the motion has been filed.
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 December 18, 2019 hearing on defendants’ motion for summary judgment (ECF

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No. 42) is VACATED.
2. The hearing on defendants’ motion for summary judgment (ECF No. 42) is continued
to January 22, 2020 at 10:00 a.m. in courtroom no. 24.
3. Plaintiff shall file opposition, if any, to the motion no later than January 8, 2020.

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Plaintiff is cautioned that failure to file an opposition will be deemed a statement of

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non-opposition and shall result in submission of defendants’ motion for summary judgment on

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the papers and a recommendation that this action be dismissed pursuant to Federal Rule of Civil

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Procedure 41(b).
4. Reply, if any, shall be filed no later than January 15, 2020.
Dated: December 12, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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