Fernandez v. Aetna

Filing 12

ORDER signed by Magistrate Judge Allison Claire on 9/22/2016 ORDERING 4 Defendant's Motion to Set Aside Default Judgment, Hearing is CONTINUED to 11/2/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; Plaintiff shall file an opposition or a statement of non-opposition due by 10/19/2016.(Reader, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIANA FERNANDEZ, 12 No. 2:16-cv-1898 AC (PS) Plaintiff, 13 v. 14 AETNA, 15 ORDER Defendant. 16 Plaintiff, who has been granted in forma pauperis status, is proceeding in this action pro 17 18 se. The action was accordingly referred to the undersigned by Local Rule 302(c)(21). On August 19 12, 2016, defendant filed a motion to set aside a default judgment entered by the Solano Superior 20 Court before this matter was removed to federal district court. ECF No. 4. Plaintiff has not 21 responded to the motion. Local Rule 230(c) provides that opposition or a statement of non-opposition to the 22 23 granting of a motion must be filed fourteen days preceding the noticed hearing date. The Local 24 Rule further provides that “[n]o party will be entitled to be heard in opposition to a motion at oral 25 arguments if written opposition to the motion has not been timely filed by that party.” In 26 addition, Local Rule 230(j) provides that failure to appear may be deemed withdrawal of 27 opposition to the motion or may result in sanctions. Finally, Local Rule 110 provides that failure 28 //// 1 1 to comply with the Local Rules “may be grounds for imposition of any and all sanctions 2 authorized by statute or Rule or within the inherent power of the Court.” 3 Good cause appearing, IT IS HEREBY ORDERED that: 4 5 6 1. The motion hearing date of is CONTINUED to November 2, 2016, at 10:00 a.m. in Courtroom No. 26; 2. Plaintiff shall file an opposition – or a Statement of Non-Opposition – to the 7 motion, no later than October 19, 2016. Failure to file an opposition or to appear at the hearing 8 will be deemed as a statement of non-opposition and shall result in a recommendation that this 9 action be dismissed pursuant to Federal Rule of Civil Procedure 41(b). 10 11 IT IS SO ORDERED. DATED: September 22, 2016 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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