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